B. KOTTISWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the order passed in OA (II-U) 186 of 2015 on the file of Railway Claims Tribunal, Chennai Bench, the claimants, who are the parents of the deceased Sukumar, have filed the above Civil Miscellaneous Appeal.

(2.) According to the appellants, on 19/1/2015, prior to 1530 hours, while the deceased was travelling along with his friend Karthi from Tondiarpet to Chepauk Railway station with valid ticket No. 015959975 and 015959976, dtd. 19/1/2015, he accidentally fell down from the running train, sustained grievous injuries on the head hence, he was admitted at Government Stanley Hospital and died on 23/1/2015 at 900 hours without responding to treatment. A case was registered by the Koorukkupet Railway Police, in Crime No. 18 of 2015 under Sec. 174 of Cr.P.C., 1973 In the course of the accident, train ticket was lost, therefore, it could not be produced before the Tribunal. In these circumstances, the claimants filed their claim petition claiming a compensation of Rs.4,00,000.00 (Rupees four lakhs only) for the death of their son.

(3.) In the reply, the respondent pleaded that the deceased was not a bona fide passenger and got hit by the HOE post and invited self-inflicted injury for which, the respondent is not liable under Sec. 124-A(b) of Railways Act, 1989.