IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.11.2023 CORAM:

THE HONOURABLE MR. JUSTICE K. RAJASEKAR C.M.A. No. 3288 of 2021 1. S. Balasubramanian

2. B. Muniyammal ... Appellants / Applicants Vs.

Union of India, Through General Manager, Southern Railway, Chennai - 600 003. ... Respondent / Respondent Civil Miscellaneous Appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the Judgment dated 23.07.2021 passed in O.A.(II-U)/MAS/05/2020 by the Railway Claims Tribunal, Chennai Bench.

For Appellants : Mr. B. Thirumalai For Respondent : Mr. M. Vijay Anand JUDGMENT This Civil Miscellaneous appeal has been filed by the applicants/

claimants challenging the Judgment dated 23.07.2021 passed in O.A.(II- U)/MAS/05/2020 by the Railway Claims Tribunal, Chennai Bench, wherein the Railway Tribunal has dismissed the claim application filed by the appellants herein seeking compensation for the death of their deceased son namely Pandiarajan.

2. For the sake of convenience, the parties are referred herein according to their litigative status and rank before the Railway Tribunal. The case in brief is as follows.

3. The case of the claimants/ applicants is that the deceased Pandiarajan was their son and he was a B.E. Mechanical Graduate, who was searching for a job. The deceased had applied for a post in Military service and for attending the written examination on 11.02.2019 at MAM College near Samayapuram, Tiruchirapalli, he started his journey at early morning, from his home town, arrived to Madurai by bus and thereafter he travelled to Trichy by train. He has informed his parents about his journey by train from Madurai. On the same day, the applicants/ claimants were informed by the Tiruchirapalli Railway Police that their son Pandiarajan, while travelling in the general compartment of Train No.12636, Madurai-Chennai Egmore Vaigai Express, at about 09:22 hours fell down from the train on the platform No.3 of Tiruchirapalli junction and sustained grievous crush injuries, and he was taken to Government Hospital, Tiruchirapalli. Deceased was succumbed to injury at about 4:30 PM on the same day. For the loss of the deceased Pandiarajan, the applicants/ claimants, have come forward with the claim application seeking compensation.

4. The respondent - Southern Railway by filing reply statment along with statutory investigation report resisted the claim and submitted that the deceased was not a bonafide passenger and the cause of death of the deceased was self-inflicted injury. However, they have admitted that the occurrence has taken place on 11.02.2019 at about 09:22 hours on the platform in which the Vaigai Express left.

5. Before the Railway Tribunal, on the side of the claimants, the first applicant, who is the father of the deceased, examined as A.W.1 and the evidence in this case on the side of the claimants consists of copies of F.I.R., Inquest report, Post-mortem certificate, Final report, Death certificate and Legal Heir Certificate. The respondent had filed DRM report with copies of documents cited in it and a report from Senior Console Operator, Unreserved Ticketing System, Southern Railway, Chennai.

6. Based on the evidence placed on record, the Railways Tribunal has held that the deceased has fell down from train No.12636 Vaigai Express at Tiruchirapalli Railway station on 11.02.2019 and held that the contention of the respondent that the deceased sustained self inflicted injury has no merit. However, the Railway Tribunal has held that the deceased was not a bona fide passenger due to not possession of journey ticket, hence held that the applicants/ claimants are not entitled for any compensation and dismissed the claim application.

7. Aggrieved over the denial of granting compensation, the applicants/ claimants have filed this appeal.

8. The learned counsel appearing for the claimants submitted that there is ample evidence placed before the Railway Tribunal to show that the deceased for the purpose of attending mil