UNION OF INDIA Vs. GOPAL

JUDGEMENT

(1.) The appellant has filed the present Civil Miscellaneous Appeal under under Section 23 of Railways Claims Tribunals Act, 1987 to set aside the award dated 26.09.2008 made in O.A.No.2006 00074 on the file of Railway Claims Tribunal, Chennai Bench.

(2.) The case of the respondent / claimant is that the deceased, viz., Krishnan, who was an army man is the son of the claimant and due to annual leave, he was proceeding to his house on 20.08.2002 in train no.2639 from Chennai Central to Bangalore. While the train was crossing at Arakonam Junction in Platfrom No.1 at about 8.40 hrs, due to heavy rush and train speed and jerk, the deceased fell down from the running train and died on the spot. Since the deceased is a bachelor, the respondents being parents, pleaded to grant a sum of Rs.4,00,000/- as compensation before the Tribunal.

(3.) Per contra, the appellant / respondent has filed a reply statement stating that the deceased had actually travelled by train no.2639 Brindavan Express on 20.08.2002 from chennai central station, which had no stopping at Arakkonam junction and thereby states that the deceased had accidentally fallen down from the running train and sustained injuries. Further, the Government Railway Police, Arakonnam had registered a case in Crime No.335/2002 under Section 174 Cr.P.C., only based on the inquest report and not based on any facts or on any eye-witness report. The counter would also proceed to state that the alleged incident might be due to careless and negligent act or any other act of the deceased, for which the appellant is not liable to pay compensation under Section 124-A of the Railway Act, 1989 and that the alleged death of the deceased will not come under the definition of 'Untoward Incident' of the said Act. Also, the deceased was not a bonafide passenger, because the journey ticket has not been produced along with the application. Therefore, prayed to dismiss the claim petition filed by the respondent / claimant.