P.RATHINAM Vs. UNION OF INDIA OWNING

JUDGEMENT

(1.) C.M.A.No.3280 of 2017 has been filed by the parents of the deceased R.Thirumurugan to set aside the order passed in OA (II-U) No.145 of 2014 dated 17.08.2015 by the Railway Claims Tribunal, Chennai, granting a sum of Rs.4,00,000/- as compensation.

(2.) The facts in brief leading to the filing of C.M.A.No.3280 of 2017 are as follows :-

(3.) A detailed reply statement was filed by the respondent resisting the claim that the deceased had not fallen down from the train between Coimbatore and Podanur Railway Station on the alleged date of incident and that the respondent was not liable to pay any compensation under Section 124 A of the Railway Act, because the alleged death of the deceased would not come under the purview of Section 123(c) (2) of the Act. It was also pleaded that the deceased was not a bonafide passenger because the journey tickets were not produced, accordingly prayed for dismissal of the application.