UNION OF INDIA Vs. K GOVINDAMMAL AND ORS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order dated 5.06.2009 made in OA.No.47/2006 by the Railway Claims Tribunal, Chennai Bench, whereby the Tribunal awarded a sum of Rs.4,00,000/- as compensation to the claimant/2nd Respondent herein.

(2.) The claimants, who are the parents and wife of the deceased K.Murugan, filed the above said claim petition before the Tribunal claiming compensation for the death of the deceased. It was pleaded that the deceased was working as a Mason and he used to visit Mitta Mula Halli Village periodically and return on the next day after finishing his work. As usual on 6.3.2006, the deceased left the house at Coimbatore to his native place. His parents later came to know about the incident from the Railway Police Authorities, Salem on evening of 6.3.2006 that the deceased while travelling in Train No.2676 Express in between Coimbatore and Morappur, while taking over cellphone peeping his head outside the compartment, due to speed of the train, he was thrown out and fell down in a 7 ft. ditch with his head facing down at KM-328/35-33. The persons residing nearby the place of the accident informed the same to P.Balasubramanian, points man, who in turn informed the same to the Station Master, Magnestie "C" Cabin, who in turn reported the matter to the Deputy Station Manager, Salem Junction.

(3.) The Appellant in the reply statement opposed the claim made by the claimant. It was admitted that the deceased travelled in the Train No.2626 Express between Coimbatore and Morappur and fallen down at KM-328/35-33 and died on the spot. It is stated that the deceased while travelling in the train was talking over mobile phone by standing near the entrance of the train i.e near door way and due to jerk and jolting of the train, he had fallen down at the said KM. Therefore, the accident is due to the rash and negligent act of the deceased and it would not attract the provisions of 'accidental falling from train' under Section 123(c)(2) of the Railways Act, 1989 (herein after referred to as the Act). The deliberate action of the deceased would tantamount to 'self-inflicted injury' under Section 124(A) (b) of the Act.