The burden is on the Railway and its officials to conduct an appropriate enquiry into the cause of untoward incidents, and the law reflects compassion and concern for the victims.

Mary Joseph, J.

The respondent, the Union of India represented by the General Manager, Southern Railways, Chennai in O.A.No. 30/2003 on the files of Railway Claims Tribunal, Ernakulam Bench (for short 'the Tribunal') is before this Court in this appeal seeking to set aside the judgment dated 6.8.2008. The appellants are the applicants in the O.A., who are none other than the mother and the siblings of Sandhya, the deceased. The parties are referred to hereinafter as 'the applicants' and 'the respondent' in accordance with their status in the original side.

2. O.A.No. 30/2003 was filed under Section 16 of the Railway Claims Tribunal Act, 1987 (for short 'the Act') seeking for a compensation of Rs. 4,00,000/- for the death of Sandhya, aged 18 years, the daughter of the first respondent in an untoward incident that took place on 8.4.2002 at Manjadimoodu near Chirayinkeezhu.

3. The facts are summarised herein below :-

On 8.4.2002, the fateful day, Sandhya was travelling in Thiruvananthapuram-Kurla Nethravathi Express from Thiruvananthapuram Central towards Ernakulam. When the train reached at Manjadimoodu near Chirayinkeezhu, she was thrown out of the train due to the impact of a hookless door that swung and hit her. She was rushed to the Taluk Hospital, Chirayinkeezhu and from there, to the Medical College Hospital, Thiruvananthapuram. She succumbed to the fatal injuries sustained by her at 4.30 p.m. on the same day.

4. Thereafter, the mother and siblings as her legal heirs preferred O.A.No.30/2003 before the Ernakulam Bench of the Tribunal seeking compensation. In the Original Application, it was specifically stated that Sandhya the deceased was travelling in an unreserved bogie and the bag containing her belongings including the ticket were lost.

5. The respondent filed reply statement denying the averments of the applicants. The reasons for the denial were, the non-reporting of the incident to the driver, guard or Station Master and the non-pulling of the chain by the co-passengers. It is contended that since the deceased was found lying near the Chiryanikeezhu Railway Gate, in the absence of the ticket to establish the factum of her travel in the train, the respondent was not liable to pay any compensation to the applicants for her death. It is also contended that all the dependants of the deceased were not arrayed as claimants in the original application. Raising the grounds as aforesaid, the original application was sought to be dismissed.

6. The Tribunal framed the following issues for consideration :-

"(i). Whether the deceased died of injuries alleged to have been sustained in an untoward incident on 8-4-2002?

(ii). Whether the deceased was a bona fide passenger at the time of incident alleged ?

(iii). Whether the applicants are the only legal heirs of the deceased?

(iv). To what amount of compensation, if any, the applicant are entitled to?

(v). Relief?"

7. Evidence was let in by both parties before the Tribunal. The first applicant mounted the box and deposed as PW1 and let the documents marked in evidence as Exts.A1 to A8. The evidence on the side of the respondents was confined to his testimony as RW1 and a document marked as Ext.R1.

8. On appreciation of the evidence, the Tribunal found issues (i) to (iv) affirmatively in favour of the applicants and they are found entitled to get the compensation for the death of Smt. Sandhya. Accordingly, a sum of Rs. 4,00,000/- was awarded together with interest at 9% per annum from 25.7.2003, the date of registration of the case till payment and directed the respondent to pay the same to the first applicant, who was also representing the second and third applicants, who were minors at the relevant time. 50% of the award amount was directed to be deposited in Fixed Deposit in the Indian Bank, M.G.Road, Pallimukku, Ernakulam- 682016 for a period of three years and the F.D.R. was directed to be handed over to the first applicant with permission for her to draw the interest accrued on t