R. ANBALAGAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The claimants before the Railway Claims Tribunal, Chennai Bench, Chennai in O.A.No.158 of 2009 have preferred the present civil miscellaneous appeal against the order of the Tribunal dismissing the claim made by them for compensation for the death of late Rathinasamy, who slipped and fell down on the floor of the train, while he was travelling from Chennai to Kovilpatti on 30.4.2007 at about 2.30 Hours.

(2.) According to the applicants/claimants, the deceased Rathinasamy, along with his family members, boarded the train bearing Train No.2693 (Pearl City Express) on 29.4.2007 at Chennai Egmore and the deceased was holding a valid ticket. When the train was crossing Manapparai Railway Station, he went to the toilet in the train and at that point of time, he slipped and accidentally fell down on account of improper maintenance of toilet due to jerking and jolting in the moving train in between Manapparai and Dindigul Railway Stations and he sustained grievous injuries, which ultimately proved to be fatal. Describing the said accidental fall as an untoward incident as defined under Section 123(c)(2) of the Railways Act and holding the Union of India, owner of Southern Railway liable to pay compensation, the appellants/applicants made the claim before the Railway Claims Tribunal, Chennai. The claim was resisted by the respondent contending that the death was not due to any untoward incident and on the other hand it was a natural death and that hence the respondent was not liable to pay compensation.

(3.) The fifth appellant/fifth applicant was the sole witness (A.W.1) on the side of the appellants/applicants and 10 documents were marked as Exs.A.1 to A.10 on the side of the appellants/applicants. No witness was examined and only one document was marked as Ex.R.1 on the side of the respondent Southern Railway.