K.S. Radhakrishnan, J.

Petitioner's son was travelling from Kochi to Calicut in the Trivandrum Mangalore Malabar Express. As the train passed Kadalundi station some bogies of the train jerked and the petitioner's son was thrown out of the train and unfortunately he was run over, and he succumbed to the injuries. He died on 13.9.1991. Petitioner then filed a petition, O.A. No. 137 of 1992 claiming a compensation of Rs. 3 lakhs from the Railways before the Railways Claims Tribunal. Application was under S.124 of the Railways Act, 1989. Tribunal however vide its order dated 10.12.1992 did not entertain the application stating that the claim petition is not maintainable and the Tribunal lacked jurisdiction since the case set up by the petitioner is not covered by S.123(1)(a)(ii) of the Railway Claims Tribunal, Act, 1987. According to the Tribunal, only if the person has suffered injuries on the basis of an accident as defined under S.123 (a) of the Railways Act. 1989, which should have occurred either due to a collision between trains of which'one is a train carrying passengers, or derailment or other accident to a train or any part of the train carrying passengers.

According