Union of India owning Southern Railway, vs M. Pauline Mart

G.M. Akbar Ali, J.—This Appeal is preferred by the Railways, against the Order dated 23.06.2009 passed by die Railway Claims Tribunal, Chennai Bench in O.A. No.65 of 2006 in granting Compensation to the Claimants.

The brief facts are as follows:

The Claimants, who are the wife, minor son and the mother of the deceased went before the Railway Claims Tribunal claiming a Compensation in a sum of Rs.4,00,000/- due to the death of one Paul Susairaj, who had accidentally slipped and fell down from a moving Train. It is stated by the Claimants that the deceased Susairaj, who also travelling as a passenger in the said Train, had fallen down from a moving Train and thereafter he died. However, the Appellant-Southern Railway took a plea that the deceased had fallen down between Arakonam and Katpadi Stations due to a cardiac respiratory failure, which is a natural cause. However, the Tribunal did not accept the plea of the Appellant/Southern Railway and passed on the liability and awarded a sum of Rs.4,00,000/- as Compensation.

Being aggrieved by the said awarding of Compensation, the Appellant-Southern Railway is before this Court in this Appeal.

Though many grounds were raised in this Appeal, the main ground raised is that the injured did not sustain any injuries but he had a natural death. It is also stated that when a passenger is attempting to alight or get into a moving Train, that cannot be construed as an accident.

On the other hand, the learned Counsel for the Claimants would submit that such a plea was not accepted by the Tribunal. The learned Counsel also established that the Tribunal had accepted the Inquest Report and also relied on the Judgment of the Hon''ble Apex Court reported in Union of India v. Prabhakaran Vijayakumar and others, 2008 (4) MLJ 323 (SC), and found that the accident had occurred and deceased had fallen down from a moving Train.

Heard both sides and perused the materials available on record.

A perusal of the records would show that the Tribunal had rightly appreciated the evidence and fixed the liability on the Railways. As rightly pointed out by the Tribunal, there is no contra evidence forthcoming from the side of the Appellant/Southern Railway and has relied on the Inquest Report and also the oral evidence. Therefore, I have no reason to interfere with the reasoned Order passed by the Railway Claims Tribunal.

At this juncture, it is stated that the minor son viz., Jemofer Albin has become major. Hence, the minor-Claimant, who has become major shall file necessary Application for withdrawal of his apportionment of Compensation. The other Claimants viz., the wife and the mother are permitted to withdraw their respective shares as ordered by the Tribunal.

Accordingly, this Civil Miscellaneous Appeal is dismissed. However, there shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.