(1.) The wife of the deceased is the appellant. The daughter and son are the second and third respondents. Mathiyazhagan, aged 48, a Secondary Grade Teacher, suffered seven lacerated injuries, three abrasions and three contusions, which included fracture of eight right rib, on account of fall from Train No. 6106 (Quilon Mail) running from Rajapalayam. He suffered 30% permanent disability. He was taking treatment from 02.05.1998 to 26.10.1999.
(2.) The case of the Railways stands on two contentions: -
(3.) The fall from train is not under dispute. Though in the reply statement, the alleged incident on 01.05.1998 is disputed, they have admitted the same before the Tribunal that the injured sustained injuries due to the fall from the train on 01.05.1998. This admission has been recorded in paragraph 5 of the order of the Tribunal. Therefore, the only issue disputed is, whether the death was on account of the injuries sustained.