KALPANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Judgment and Decree dated 12.01.2016 passed in O.A.(IIU).No.71 of 2015 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimant is the appellant and the claim petition was filed under Section 16 of the Railways Act seeking compensation based on the facts that the deceased had purchased monthly season ticket for travel between Thiruvallur and Hindu College Railway Stations valid for the period from 17.07.2014 to 16.08.2014. The claimant came to know from the Police Authorities that on 01.08.2014, the deceased while returning to Thiruvallur, when the train was nearing Thirunindravur Railway Station due to rush, speed and jerk of the train, he accidentally fell down, hit by post and crushed to the death at the place of occurrence. The F.I.R. Was lodged by Station Master, Thiruvallur and a case was registered at Thiruvallur Railway Police Station in Crime No.272 of 2014 dated 01.08.2014. The inquest was conducted by the Sub-Inspector of Police, Thiruvallur. It was held that the deceased died due to the injuries suffered in the accidental fall from the train.

(3.) The Railway Tribunal adjudicated the issues with reference to the documents and evidences made available. The Railway Tribunal formed an opinion that the nature of the injuries sustained shows that it is not a mere fall from the train, but his head was hit by great force. Considering the nature of injury, the Railway Tribunal formed an opinion that there is a possibility of hit in a post and therefore, the untoward incident occurred due to the criminal negligence on the part of the deceased. Thus, the exclusion clause is to be invoked. Accordingly, the application was rejected. The Railway Tribunal gone into the nature of the injuries recorded in the Divisional Railway Manager's report and analyzed the possibility of hit in an accident and arrived a conclusion that the untoward incident occurred due to the criminal negligence on the part of the deceased.