UNION OF INDIA Vs. G LOGANAYAKI

JUDGEMENT

(1.) AGGRIEVED against the award passed by the Railway Claims Tribunal Chennai Branch dated 09. 07. 1998, made in O. A. No. 9600031, awarding compensation of Rs. 2,00,000/- for the death of one Velayutham, Southern Railway has preferred this appeal.

(2.) BRIEF facts are as follows :-Dead body of Velayutham was found adjacent to the Railway track of sub-urban train between Avadi and Annanur. A case was registered in Cr. No. 445/1994 under Section 174 Cr. P. C. by Perambalur Railway Police. It is the case of respondents/ claimants that while returning from Thiruninravur, where Velayutham had gone to borrow money from his friend AW-2 Sukumar, while travelling in the train, Velayutham hit against the post and fell down from the train and died on the spot on the night of 16. 08. 1994.

(3.) IT is the case of appellant/railways that Velayutham was hit by train while he was trying to cross the Railway track at K. M. 18/33a between Avadi and Annanur on 17. 08. 1994.