J U D G M E N T

The order dated 21.01.2009 passed in O.A.No.44/2005 is under challenge in the present Civil Miscellaneous Appeal.

2. The claimant is the appellant and the application was filed under Section 16 of the Railways Act, seeking compensation on the ground that on 09.04.2005 at about 17.30 P.M., when the deceased was returning back from Ambattur to Thirumullaivayal (from his assigned work spot on 09.04.2005 to his house) after attending his duties by boarding the EMU at Perambur Loco Work with II Class Return Journey Ticket bearing No.30445 from Thirumullaivayal to Perambur Loco Works and back, due to heavy crowd in the said train, when the said train was reaching near Thirumullaivayal, the deceased had accidentally fallen down from the said moving train at about 17.30 Hrs., on 09.04.2005 and sustained grievous injuries on his head, right side eye- brow and lacerated injuries on his hands and legs. While he was struggling for life, his friend Babu who travelled along with the deceased, caused the grievously injured admitted as I.P.No.718683 (vide A.R.Copy No.3892613) to the Government General Hospital, Chennai with the help of the Railway Authorities and immediately informed