UNION OF INDIA Vs. M. PAULINE MART

JUDGEMENT

(1.) THIS Appeal is preferred by the Railways, against the Order dated 23.06.2009 passed by the Railway Claims Tribunal, Chennai Bench in O.A.No.65 of 2006 in granting Compensation to the Claimants.

(2.) THE brief facts are as follows: The Claimants, who are the wife, minor son and the mother of the deceased went before the Railway Claims Tribunal claiming a Compensation in a sum of Rs.4,00,000/ - due to the death of one Paul Susairaj, who had accidentally slipped and fell down from a moving Train. It is stated by the Claimants that the deceased Susairaj, who also travelling as a passenger in the said Train, had fallen down from a moving Train and thereafter he died. However, the Appellant -Southern Railway took a plea that the deceased had fallen down between Arakonam and Katpadi Stations due to a cardiac respiratory failure, which is a natural cause. However, the Tribunal did not accept the plea of the Appellant/Southern Railway and passed on the liability and awarded a sum of Rs.4,00,000/ - as Compensation.

(3.) THOUGH many grounds were raised in this Appeal, the main ground raised is that the injured did not sustain any injuries but he had a natural death. It is also stated that when a passenger is attempting to alight or get into a moving Train, that cannot be construed as an accident.