IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

C.M.A.No.4447 of 2019

1.R.Kumar

2.K.Muthulakshmi

..Appellants

Vs

The Union of India

Rep. by its General Manager,

Southern Railway, Chennai.

..Respondent

Prayer : Civil Miscellaneous Appeal filed under Section 23 of

the Railway Claims Tribunal Act 54 of 1987 against the order

dated 11.10.2019 passed in O.A.No.(II-U/MAS/134 of 2018 by the

Railway Claims Tribunal Chennai Bench.

For Appellants :

Mr.T.Rajamohan

For Respondents:

Mr.M.Vijay Anand

JUDGMENT

The judgment dated 11.10.2019 passed in O.A.No.(II-

U/MAS/134 of 2018 is under challenge in the present civil

miscellaneous appeal.

2. The claimants are the appellants. The claim petition

is filed with reference to the untoward incident as narrated

in the application, which reads as under:

"That on 08.08.2017 in the morning at about

08.00 hrs, the deceased informed his father

and left for college. Along with his friend

Narendran, the deceased travelled EMU train.

The applicants came to know from the co-

passenger and Perambur Railway Police that on

08.08.2017 the deceased and his friend while

travelling in EMI train from Villivakkam

Railway Station, prior to 09.10 hrs of

08.08.2017 when the train was proceeding near

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Korattur Railway Station, due to over crowd,

speed and jerk of the train, the deceased

accidentally fell down from the running train,

suffered grievous head injury with aberrations

all over the body. He was shifted by the 108

ambulance to K.M.C Govt. Hospital and

thereafter for further treatment he was

admitted in Rajiv Gandhi Govt. Hospital.

However, not responding to the treatment, he

died on 16.08.2017 at 09.50 hrs. It was an

untoward incident. The II class journey ticket

purchased by the deceased for his travel from

Villivakkam Railway Station was said to have

lost at the time of shifting him to the

hospital."

3. The Tribunal proceeded with the trial based on the

evidences and document. The Tribunal found that the untoward

incident was not established as defined under the Railways Act

and further the deceased was not a bonafide passenger.

4. Learned counsel for the appellants contended that the

untoward incident occurred on account of hit in a lamppost,

the deceased sustained grievous injuries on the date of the

accident on 08.08.2017 and subsequently died on 16.08.2017.

When the untoward incident occurred due to a hit in a

lamppost, it would not be a ground to decline the compensation

to the victim. Thus, the Tribunal has committed an error in

dismissing the application.

5. Learned counsel for the respondent/Railways disputed

the said contentions by stating that the untoward incident

itself was not established beyond doubt. However, neither

travel ticket was produced nor retrieved from the deceased.

Thus, the Tribunal is right in rejecting the application and

there is no infirmity.

6. Beyond the facts and circumstances considered by the

Tribunal, it is relevant to consider the DRM's report and in

the concluding paragraph, the report categorically states that

on 08.08.2017 at about 8.30 hrs, the deceased along with his

friend Narendar were travelling by EMU train from VLK to AVD

to attend their college. When the train was running near KOTR

Railway station, the deceased who was travelling near the

doorways of the compartment, fell off from the running train

after being hit by the power post, in which he sustained

grievous head injury and was rushed to the Govt. KMC hospital

through 108 Ambulance and then referred to RGGGH, Chennai

where he was admitted as inpatient but died on 16.08.2017 at

09.50 hrs. Based on the complaint lodged by Sri.Kumar, the

father of the deceased, registered a case in Cr.No.86 of 2017

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