LAWS(MAD)-2012-8-108

UNION OF INDIA Vs. P KRISHNAN

Decided On August 13, 2012
UNION OF INDIA Appellant
V/S
P KRISHNAN Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order dated 26.11.2008 made in OA.No.106/2007 by the Railway Claims Tribunal, Chennai Bench, whereby the Tribunal awarded a sum of Rs.4,00,000/- as compensation to the claimants.

(2.) The claimant filed the above said claim petition before the Tribunal claiming compensation for the death of their son by name K.Sivakumar. It was pleaded that on 17.2.2002 at about 19.30 p.m., when the deceased was travelling in ES154 Electric Train from Tambaram to Beach, near Saidapet Railway Station, he was hit by an electric post at KMS-14/1, as a result of which, he fell down from the train and immediately he was taken to Government Hospital and on 18.2.2002 at about 1.35 a.m. he died. The father and mother of the deceased are the claimants.

(3.) The Appellant in the reply statement opposed the claim made by the claimant. It was stated that the deceased was not a 'bona fide passenger' and he fell down from the train on account of his own negligence and carelessness. He was travelling in the door ways exposing his body outside, which resulted in the accident. 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 and hence, the Appellant is not liable to pay compensation under Section 124(A)(b) of the Act.