B.BABU Vs. UNION OF INDIA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed challenging the order dated 18.12.2017 passed by the Railway Claims Tribunal, Chennai Bench in O.A.(II-U) 24/2017.

(2.) The case of the appellant is that his son, namely, Srinivasan, was residing in Chennai and was studying B.Com 1st year in Veltech College at Avadi. He used to travel by train between Perambur to Avadi with monthly season ticket. On 26.07.2016 in the evening, while he was travelling in train between Perambur and Pattabiram Railway Station by holding II Class Monthly Season Ticket Bearing No.86931743, due to heavy rush, speed, jerk and jolt of the train, accidentally fell down from the train and suffered grievous injury all over his body. Immediately, he was admitted in Government Hospital, Avadi and thereafter, he was shifted to Rajiv Gandhi Government General Hospital, Chennai, for further treatment. But he succumbed to the injuries on the same day at about 14.30 hours. Due to the incident, the appellant who is the father and only legal heir of the deceased filed an Application before the Railway Claims Tribunal, Chennai Bench, claiming a sum of Rs.8,00,000/- as compensation for the death of his son.

(3.) Denying the mode of accident, the respondent has filed a Reply Statement and has submitted that the deceased was not a bonafide passenger and he had not died due to any untoward incident. The alleged untoward incident was not reported to SM/Avadi on 26.07.2016 either by any general public or Railway staff. The Accident Report issued on 26.07.2016 by the Government Hospital, Avadi, where the deceased was admitted states that the deceased had hit on the post and fell down while travelling in Train. The Post-mortem report status that the deceased would appear to have died due to the effects of head injury. So the accident occurred only due to the activities of the deceased who had exposed his body outside the entrance of the train which ultimately got hit on the post and it was not a case of accidental fall as defined under Section 123(c)(2) of the Railways Act 1989. Hence, they are not liable to pay any compensation under Section 124A(b) of the Railways Act 1989. Further, the Monthly Season Ticket Bearing No.86931743 is valid only with Identity Card, but the deceased at the time of incident was not holding any Identity Card, therefore, the applicant is not entitled to claim any compensation from them.