JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 23 of the Railways Claims Tribunal Act, against the order dated 27.08.2015 made in O.A.No.(II-U) 325 of 2013 on the file of the Railway Claims Tribunal, Chennai Bench.)

1.This Civil Miscellaneous Appeal has been filed by the applicant against the order of dismissal in O.A.No.(II-U) 325/2013, on the file of the Railway Claims Tribunal, Chennai Bench, wherein, the Tribunal has dismissed the Claim Petition filed, for the death of one Kanthayee in untoward incident.

2. The parties are referred to hereunder according to status and ranking before the Trial Court.

3. The case of the applicant is as follows:

The applicant is the son of the deceased Kanthayee, was self employee, on 23.10.2011 at about 19.00 hours, while detraining from Erode to Jolarpet Passenger Train at Neikarapatti, Railway Station, accidentally fell down and succumbed to injuries at about 22.55hours. Hence, application filed under Section 16 r/w 123 (c) (2) and 124-A of the Railway Claims Tribunal Act, 1987, claiming a sum of Rs.4,00,000/- as compensation.

4. The respondent -Southern Railway has filed the counter and contended that the deceased