S POONKODI Vs. UNION OF INDIA SOUTHERN RAILWAY

JUDGEMENT

(1.) AGGRIEVED against the Order of Railway Claims Tribunal dismissing the Claim Petition, wife, children and mother of deceased Sambasivam have filed this appeal.

(2.) FACTUAL background in a nutshell are as follows: - Applicants/appellants alleged that the deceased Sambasivam was travelling in a EMU train in between Veppampattu and Sevvapet R.S. on 17.4.2001 at about 7 a.m., and died due to accidental fall. Sambasivam was working as driver in State Transport Corporation. Stating that they are the legal heirs and dependents of Sambasivam, the appellants filed Claim Petition under Ss.123(c)(2), 124A and 125 Railways Act, 1890. Railway resisted the claim and alleged that it was purely a suicidal death.

(3.) THE learned Counsel for the Railway Mr.V.G.Suresh Kumar has submitted that having regard to the inherent contradictions in the evidence of A.W.2, Tribunal has rightly disbelieved the evidence of A.W.2 " Kumar. THE learned Counsel has further submitted that when the head of the deceased was severed and the body lying inside down line, and keeping in view the pattern of injuries, Tribunal has rightly concluded that it was a suicidal death and that factual finding cannot be interfered with.