The main legal point established in the judgment is that unintentional trespass by a passenger would not fall under the exclusion clause of Section 124A of the Railway Claims Tribunal Act, and compensation should be awarded. The court also emphasized the need for a positive and pragmatic approach to award compensation as an integral part of the concept of social justice.

JUDGMENT :

Prayer: Appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the order made in O.A.No.33 of 2019, dated 16.08.2019.

The order dated 16.08.2019 passed in O.A.No. 33 of 2019 is under challenge in this present civil miscellaneous appeal.

2. The claimants are the appellants and the claim petition was filed on the ground that on 27.06.2018 at about 8.15 hrs Thiruvallur Railway Police Inspector received a complaint from Ms.Thilagavathi MW Gr.I 530, who was station in charge of Tiruvallur railway station that the deceased person was aged about 45 years and working as a driver. While travelling from Coimbatore to Avadi with the Train Ticket No. 45144328 from Coimbatore to Avadi II Superfast train, the deceased came near the entrance before station arrives and he fell down accidentally from the running train and sustained injuries in body and died. The case was registered. The investigations were conducted. The FIR itself reveals that the deceased passenger trespassed for crossing the track and run-over and killed at Tiruvallur Station on PF No.2 on down fast line towards MAS. The investigations were conducted further and based on the same, the Railway Claims Tribunal adjudicated the issues. The claim petition was rejected on the ground that the deceased was a trespasser and while trespassing the railway track, run-over by the train and died. Thus, the claimants are not entitled for compensation under the Railways Act.

3. Learned counsel appearing on behalf of the appellants mainly contended that the deceased was a bonafide passenger and the ticket was produced which was not in dispute and that he was a bonafide passenger in the train. The Station Master of Tiruvallur gave the statement to the police as follows:

“TAMIL”

4. The statement of the loco pilot was also recorded on 27.06.2018, which reads as under:

"The statement of the Loco Pilot was recorded by Sunilkumar on 21.05.2019. He has stated that at about 6.24 hours when his train was entering at Tiruvalur Station, one passenger suddenly trespassed and runover by my train. I have informed the Station Master through Walkie Talkie, but there is no records to show the message was received by the Station master. The loco pilot was also not examined by the respondent before the Tribunal. The non-examination of the loco pilot is not proved beyond doubt that a person while crossing the track hit by his train."

5. Learned counsel for the appellant relying on the report of the DRM, more specifically, the following portions are extracted hereunder:

"The DRM report was prepared on 21.06.2019. In the DRM Report, it is clearly mentioned that the deceased is having the ticket. But on the other hand, it is mentioned that on 27.06.2018 at about 6.14 hours, Train No. 16022 Kauvery Express, arrived at Platform No.1, Tiruvallur Station and departed at 6.16 hours and at about 6.20 hours, Train No.15228 MFP-YPR was passing through Tiruvallur Station Platform No.2 After both trains passed, at about 6.30 hours public reported that one male aged about 45 years suddenly trespassed and run over on down line. On the other hand the statement of the station officer in the new typed set will clearly reveal that some passengers body was lying in the back. Therefore from this it is clear that the deceased was not crossing the track. In the same DRM report, it is also found clear that the deceased is in possession of ticket from Coimbatore to Avadi. Moreover, in the DRM report, it is further mentioned that as per the statement of the loco pilot, the deceased was hit by Train No.15228, but there is no possibility for the deceased to get down at Tiruvallur in view of the fact that both the trains which were running from Coimbatore to Avadi does not having a stop at Tiruvallur and therefore the only presumption is that the deceased has fallen from the train which nobody knows from which train he has fallen.

At page 44, the conclusion of the DRM report that the deceased was run over by Trai