UNION OF INDIA Vs. VADIVAMMAL @ VADIVU & ORS.

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the award passed by the Railway Claims Tribunal, Chennai, in O.A. No. 2008 000125 dated 29.07.2009.

(2.) The legal representatives viz., wife and four minor children of one V.Murthy, who died in a train accident that took place on 08.12.2007 laid the above claim petition. It is stated that on 08.12.2007, the deceased left for his duties as usual and in an untoward incident, he had fallen down from the train between Hindu College and Pattabiram Railway Stations, due to jerk and jolt and heavy rush. In that accidental fall, he suffered grievous injuries and his body was found on 09.12.2007 at about 06:50 a.m by a passerby. While shifting him to Government General Hospital in an EMU train, he succumbed on the way.

(3.) The Railway has taken a plea that the incident was not an untoward incident, and it is exempted under Section 124-A of the Railways Act, 1989, and the deceased was not a bona fide passenger.