SWORNAMALA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants against the order dated 7.9.2015 made in O.A.(II-U) 2 of 2015 by the Railway Claims Tribunal, Chennai Bench, dismissing the claim petition filed by the appellants, who are legal heirs of the deceased R.Muthukumar.

(2.) The appellants, who are wife, minor son and parents of deceased R.Muthukumar have filed the claim petition claiming compensation of Rs.4,00,000/- alleging that the deceased was holding journey ticket No.87578 for journey from Nagercoil Town to Trivandrum dated 8.1.2014 and was waiting for arrival of the train to go to his head office at Amaravilai in Trivandrum District and was waiting at Nagercoil Town Station and moving on platform. At that time, all of a sudden a train hit back the deceased and was thrown away on the railway track from the platform and sustained grievous injuries and died on the spot.

(3.) Resisting the claim, the respondent filed reply stating that the incident will not come under the definition of "untoward incident" within the meaning of Section 123(c)(2) of the Railways Act, 1989 as according to DRM report, the train hit while he was walking on the platform near to the track and prayed for dismissal of the claim petition.