JAYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been filed against the order dated 01.02.2008 passed by the Railway Claims Tribunal, Chennai Bench, wherein the appellants' claim was rejected.

(2.) The case of the appellants before the Tribunal [1st appellant is the wife of the deceased and others are son and daughters of the deceased] are that deceased, viz., M.Murugan was working as Trackman in Southern Railway in the permanent way Section Engineer, Kancheepuram, died on 07.03.2001 and his body was found upline at Km 42/200-300. It was informed to the 1st appellant by some one stating that the deceased while travelling in Passenger No.158 from Kancheepuram, fallen down from running train at Kg.M.48/300 at Thirumalpur yard and died on the spot.

(3.) It is the further case of the appellants that in the inquest report of the police, it is stated that the deceased had moved from work spot Km42/300 and had been to the office of Section Engineer permanent way at Kancheepuram and on his return from Kancheepuram, deceased had fallen from the passenger train 158 near Thirumalpur railway station and he was a bonafide passenger, as such, the appellants pleaded for compensation.