JUDGMENT :

1. The appellants herein are the petitioners in O.A.(II-U) No.326 of 2014 on the file of the Railway Claims Tribunal, Chennai Bench. They have claimed compensation for the death of Santosh Sukumar Nayar, husband of the 1st appellant and father of the 2nd appellant who died on 19.02.2014, due to an accident fall from train between Somanur and Sulur Railway Station.

2. The Railway authorities contested the case.

3. After full trial, the Tribunal dismissed the claim petition, concluding that the victim was not a bonafide passenger. Aggrieved by the said order the appellants have preferred this appeal.

4. The question of law that arises for consideration is as to “whether the Tribunal has failed to appreciate the documents like final report, Post-moterm report as to the cause of death that the deceased accidentally fallen down from the running train and erroneously concluded that the appellants have not been established their claim ?”

5. Before the Railway Tribunal to prove their claim, on the side of the appellants, the 1st appellant examined as A.W.1 and Ex.A.1 to Ex.A.6 documents were marked. On the side of the respondent DRM report of Salem Division was marked.

6. The learned counsel for the appellants submitted that based upon all these documents the appellants proved that the deceased died due to the accidental fall from train between the Somanur and Sulur Railway station on 19.10.2014. But the Tribunal has not appreciated those documents and erroneously concluded that the victim was not a bona fide passenger on the date of the alleged accident. So he prayed to allow this appeal.

7. On a perusal of the record, it reveals that on the side of the appellants they produced FIR, Post Moterm Report, Inquest Report and Final report, in order to prove the factum of the death of the deceased 'Santosh Sukumar Nair'.

8. As per the said report the FIR was lodged on 19.02.2014 stating that a male dead body aged about 40 years lying at Somalur and Sulur down line” and as per the inquest report the reason for the death was stated as follows:

Other Language

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9. As per the final report it is stated as follows: “The opinion of the Panchayatars was heard. In this case, the panchayatars opined unanimously and jointly that the deceased died due to fall down from Train”.

10. Further in the said final report it is also observed as follows:

“In this case after conclusion of the investigation, it is learnt that the above said deceased Santhosh Sugumaran Nair, aged 40, was having the address as mentioned under the margin permanently and now residing at Kalpakkam, along with his wife and a female child aged 4 years; that he came to Coimbatore for fabrication work and as no one available at Tirupur for fabrication work, he decided to go to Coimbatore to bring workmen and travelled in a train on 18.02.2014 from a Train and as there was crowd in the train, he was travelling near the door and on 19.02.2014 prior to 8.25” a.m., the above said person fell down from the train at the place of incident between Somalur and Sulur railway Staations at KM 460/30-32 downline railway. Therefore, it is decided that the death which was caused due to down from the train is an accidental death”.

11. Therefore, the appellants with the help of those documents clearly est