S. KANNADASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The order passed by the Claims Tribunal, dated 03.09.2015, dismissing the application filed under Sec. 16 of the Railway Claims Tribunal Act, 1987, read with Sections 123 (c) (2) and 124 (A) of the Railways Act, 1989, claiming a sum of Rs.4,00,000.00 as compensation An implication of the serious nature of criminal proceed in respect of death of Vijayalakshmi, who died on 29.08.2013, is under challenge in this appeal.

(2.) The claimants are the parents, aged 51 and 46 respectively. They are the resident of Redhills, Chennai. On 27.08.2013, Vijayalakshmi informed her parents that she wanted to go to Mambalam and left the house. The deceased travelled from Chennai Beach to Saidapet Railway Station in the EMU Train. In between Egmore and Chetpet Railway Stations, the deceased accidentally fell down from the Train on account of heavy rush, speed, jerk and jolt of the train. She suffered serious head injuries and was shifted to the Government General Hospital. She scummed to the injuries on 29.08.2013.

(3.) The Tribunal has given strange observation, interpretation and conclusions, which are based on conjectures. The observation is that when the Ticket had been issued at 12.58 p.m., the incident had been only at 15 p.m., when the travel time between Chennai Beach and Saidapet by any EMU Train will not take more than 30 to 40 minutes; showing that the victim during this time had been wandering and further appeared to have been in total confused state of affairs.