UNION OF INDIA Vs. A. LOGAMBAL

JUDGEMENT

(1.) The Union of India, owner of Southern Railways, is the appellant in the Civil Miscellaneous Appeal preferred under Section 23 of the Railway Claims Tribunal Act, 1987 against the order of the Railway Claims Tribunal, Chennai Bench dated 29.10.2009 made in O.A.No.2009 00068 awarding a sum of Rs.4,00,000/- as compensation, which amount was directed to be paid by the appellant herein with an interest at the rate of 6% per annum from the date of filing of the claim application till the date of the order of the Tribunal and thereafter, at the rate of 9% per annum till actual payment.

(2.) The respondents are respectively the wife, daughter and son of the deceased Adaikalavan. They preferred the above said claim application claiming Rs.4,00,000/- as compensation from the appellant on the basis of their contention that the said Adaikalavan, while traveling in an electric train (EMU) from Tambaram to Guindy on 01.01.2009 in the morning hours, due to overcrowd and due to jerk and jolt, accidentally fell down near Palavantangal, sustained severe head injuries and died on the spot and that the said accident would fall squarely within the definition of untoward incident as described in Section 23(c)(ii) of the Railways Act, 1989.

(3.) The claim was resisted by the appellant herein contending that the death of deceased Adaikalavan was not due to accidental fall from the running train as claimed by the respondents and that the deceased was not a bonafide passenger as claimed by them. It was also contended by the appellant that the incident might be one other than a fall from the running train. It was also contended that the deceased was not a bonafide passenger as the journey ticket was not produced along with the claim application and that the deceased could have been knocked down by the train while trespassing the Railway line.