RAILWAY CLAIMS TRIBUNAL Ernakulam bench Dated – 31st October, 2023 Coram Hon’ble Shri Sanjiv Dutt Sharma Member Judicial O.A. No. 31/2019

1.Sathi K.E, W/o. Late Saseendran, Kizhakke Punathil, Iringal P.O, Kozhikode, Pin - 673 521.

2.Sumesh, (Son of Late Saseendaran), Kizhakke Punathil, Iringal P.O, Kozhikode, Pin - 673 521.

3.Sumisha K.P (Daughter of Late Saseendran), Madathil, Varikkoli P.O, Kallachi, Nadapuram, Kozhikode, Pin - 673 506.

4.Kallyani Amma, (Now dead) (Mother of Late Saseendran), Kandiyil, Iringal P.O, Ayanikkad, Kozhikode, Pin-673 521 __ Applicants/Claimants Vs Union of India, Through General Manager, Southern Railway Chennai . __ Respondent Adv. For the Applicant – Shri. Binoy Ram V and Dr. Stanly Chazhoor Adv. For the Respondent Railways – Shri Sajan K B JUDGMENT Applicants/claimants have preferred the present claim application, against the Railways/Respondent, for seeking compensation on account of the death of late Shri.Saseendran K.P, who is the Husband of applicant no.1, father of applicant no.2 & 3 and the son of applicant no.4 (Now dead). It is alleged in the proof of affidavit, filed by applicant no.1, that the deceased fell down from the moving train and was a sufferer of an untoward incident. It is alleged in the original application, that on 07- 07-2018 at about 07.30 pm, the deceased Saseendran K.P fell down from Kannur Main-Kozhikode passenger (Train No. 56652) near Quilandi Railway Station on his way from Thalassery to Iringal and got injured severely and died instantaneously.

It is alleged that after attending a marriage on that day, the deceased went to Thalassery to visit a friend. After the visit, he returned from Thalassery, and boarded the train from Thalassery Railway station. The deceased was suffering from various age related illnesses and was on medicines. It is alleged that, as the deceased was tired, he went asleep, while he sat inside the compartment. When he got up from his sleep,by that time, the train had left the Quilandi Railway Station. The deceased then moved towards the passage for stepping down at the next Railway station. Even though the deceased was carefully standing by holding his hands on the bars, he somehow, accidently fell down on the track near the over bridge, on the Southern side of Quilandi Railway station. The Quilandy police registered a case, vide Cr. No. 438/2018 and after investigation concluded that the deceased, while coming from Thalassery to Iringal by train, accidently fell down from the train and died due to severe injuries.

Thus, terming the incident as an untoward incident and further claiming that the deceased was a bonafide passenger, at the time of alleged incident, the claimants have sought compensation from the Railways.

In reply, The respondent has denied all the averments and allegations in the application submitted by the claimants in the claim application.

It is specifically submitted by the Railways/respondent that as per the report of the DRM, dated 25.10.2019, the deceased did not die of any accidental fall from Train No:56652 Passenger, near Quilandi Railway station on 07/07/2018. The Respondent submits that, on 07/07/2018 at 23.20 hrs, the Station Superintendent/Quilandi had issued a message to all concerned that, Shri. Sangeeth, Trackman/Calicut had reported to the authorities that one dead body of a Male aged about 50 years was found lying between up and down Railway tracks at KM.688/400. Local Police Quilandi, had attended the spot. The alleged incident came to light only when the Trackman, Calicut noticed the dead body of the deceased and informed the Station Master.

The Respondent submits that the Inquest was conducted at the Mortuary of the Quilandi Taluk Hospital. The upper portion on the left has been severed and separated from the body.

During the Inquest, while examining the dead body, a brown color purse, blue color Samsung Mobile, Rs.40/-, a key, half portion of the Aadhar Card, a book contains phone numbers and yellow metal ring were