J U D G M E N T

The judgment dated 05.12.2019 passed by the learned Railway Claims Tribunal, Chennai Bench in O.A. (II-U).No.109 of 2019, is under challenge in the present Civil Miscellaneous Appeal.

2.The claimants are the parents and the claim petition was filed on the ground narrated in the claim petition which reads as under:-

“The deceased was a resident of K.Bandarapalli Village, Natrampalli Taluk, Vellore District. He was an Ex-Service man and worked as security in a private company at White Field in Bengaluru. That on 01.08.2018 in the early morning, the deceased informed his wife that he was going to Bengaluru to attend an interview for security job in another private company and left the house. The applicants came to know from the Jolarpet Railway Police that the deceased, in the night on 01.08.2018 by purchasing II class journey ticket for travel from Whitefield to Tirupattur Railway Station, while travelling in a general compartment of Tr.No.16526 Island Express, prior to 10.10 hrs of 02.08.2018 when the said train was nearing Tirupattur, in order to alight from the train, moved towards the entrance of the train and due to over crowd, speed, jerk and jolt of the train, accidentally fell down from the running train, suffered grievous injury of skull broke open, brain matter came off, right hand fractured, left leg knee injured, right leg fractured with heavy discharge of blood and aberrations all over the body, died at the place of occurrence. It was an untoward incident. The travel II class ticket purchased by the deceased for his journey from Whitefield to Tirupattur was said to have been lost along with his belonging at the time of accident.”

3.The Railway Tribunal adjudicated the issues with reference to the documents and evidences produced by the respective parties.

4.The application was rejected on the ground that there are many doubtful circumstances and contradictions regarding the untoward incident as stated in the claim petition and therefore, the appellants would not able to establish their case for grant of compensation. The findings of the Railway Tribunal shows that the deceased was not possessing any valid travel ticket and further, the dead body was found more than 10 hours in the spot. The nature of injury reveals that it is the case of suspicious death, probably, suicide. Under those circumstances, the Railway Tribunal rejected the claim petition.

5.In this regard, it is relevant to consider the investigation report submitted by DRM and the said report reads as under:

“13.Conclusion:

From the available records, it is concluded that the deceased does not have any valid authenticity to travel by any train and the same was revealed by the GRP/JTJ during the time of inquest and also incorporated in the statement of Sri.K.S.Kumaresan, ASIPF/JTJ, who attended the deceased body along with GRP/JTJ. It clearly proves that is the deceased is not a bona-fide passenger.

As per the records of SMR/TPT, 26 trains and SS/JTJ, 27 trains have been passed on both directions through the place of occurrence as such the chances of not noticing the deceased body, which was lying by the side of track within the gap of 10 hrs, by any loco pilot/Guard of the trains are very meager. In these circumstances, it is clear that the deceased said to have been fallen from the running train is in 'doubtful'.

6.Post Mortem certificate also reveals that the injuries sustained are crush injuries and the Tribunal considered the post mortem report and found that the skull broke open, brain matter came off, right hand fractured, left knee injured, right leg fractured with heavy discharge of blood, aberrations all over the body and died at the place of occurrence. The nature of injures were assessed by the Competent Authorities during the investigation and they formed an opinion that when falling down from the train such injuries are not possible. The Tribunal considered these aspects and made a finding in paragraphs 10 &

11 of the impugned order w