C LAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the order passed in O.A.(II-U) 234/2014 on the file of Railway Claims Tribunal, Chennai Bench, the appellants have filed the above Civil Miscellaneous Appeal.

(2.) According to the appellants-claimants, they are the legal heirs of the deceased Chandrasekaran. According to them, the deceased was a resident of Tiruppur and doing business as a snack vendor and on 14.04.2014, in the early morning, he went to Jalagamparai in order to attend house-warming function of his relative's house and on his return journey, in the afternoon of 14.04.2014, by purchasing a second class ticket, he travelled from Thirupathur to Tiruppur. The appellants came to know from the police authorities that when the train was proceeding near Boomidi Railway Station towards Tiruppur, due to rash, speed and jerk of the train, he accidentally fell down, suffered grievous head injury and died on the spot. First Information Report was lodged by the Station Master , Salem Railway Station and a case was registered at Salem Railway Station in Crime No.313 of 2014 under section 174 of Cr.P.C. on 14.04.2014 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/-.

(3.) The Tribunal dismissed the claim petition stating that the deceased was not a bona fide passenger and the accident had occurred only because of the negligence on the part of the deceased.