IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 MFA.No. 41 of 2010() ------------------------------- AGAINST THE JUDGMENT DATED 26/08/2009 IN OA.NO.OAU/ERS/2007/0030 OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH. .................... APPELLANTS/(RESPONDENT IN OA): ----------------------------------------------------- 1. THE GENERAL MANAGER, SOUTH CENTRAL RAILWAY, SECUNDERABAD. 2. THE GENERAL MANAGER SOUTHERN RAILWAY, CHENNAI. BY ADV. SRI.M.C.CHERIAN,SR.SC., RAILWAYS RESPONDENTS/ (APPLICANTS IN OA): --------------------------------------------------------- 1. SINDHU, W/O. LATE SURESH KUMAR RESIDING AT SAYOOJYAM, KUZHIYAM SOUTH CHANDANA THOPPU P.O., KOLLAM, KERALA. 2. SANDHYA SURESH (MINOR) D/O.LATE SURESH KUMAR, THROUGH THE IST RESPONDENT 3. SOUMYA SURESH (MINOR) D/O. LATE SURESH KUMAR, THROUGH THE IST RESPONDENT 4. VASUMATHI AMMA, M/O.LATE SURESH KUMAR, RESIDING AT GANESH BHAVAN, KUZHIYAM SOUTH CHANDANA THOPPU PO, KOLLAM (KERALA). R1 TO R4 BY ADV. SRI.K.R.SUNIL. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. No. 41 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2010. JUDGMENT Bhavadasan, J, The dead body of Bhaskaran Pillai Suresh Kumar was found between the Up line and Dn line near Kazipet railway station on 23.8.2006. His legal heirs sued the railway for compensation. The respondents resisted the claim. Railway Claims Tribunal, after an elaborate consideration of the evidence in the case, came to the conclusion that the claimants are entitled to compensation and awarded a sum of Rs.Four Lakhs as compensation, which was to be apportioned among the legal heirs. The said order is assailed in this appeal. 2. It is not in dispute that the dead body of late Bhaskaran Pillai Suresh Kumar was found on the railway track. The claimants had produced a number of documents in support of their claim. They had produced records to show that a crime has been registered as Crime No.196 of M.F.A.41/2010. 2 2006 relating to this particular incident by the Railway Police, Kazhipet. It needs to be noticed that from the dead body, three tickets were recovered, one of which indicated that the deceased had been travelling from Secunderabad to Kazipet on the strength of a valid ticket in one of the trains passing through that route. The postmortem certificate, which indicates the cause of death and so also death report were produced by the claimants. Except for filing the reply statement to the claim made by the claimants, the respondents have not done anything else before the Claims Tribunal. No evidence, either oral or documentary, were produced by the railway. The result was that the evidence adduced by the claimants stood uncontroverted and unimeached. 3. The Claims Tribunal, whose order is assailed before this court, has elaborately considered the evidence on record and has entered a finding that the possible finding is that death could have been occurred as a result of an M.F.A.41/2010. 3 untoward incident, which falls within the ambit of Section 123 subsection (2) entitling the claimant to compensation. 4. The main grievance before this court is that the contentions raised by the railway have not been properly appreciated and there was no evidence before the Tribunal to award compensation. It is also contended that there is no evidence to show that death was caused as a result of an untoward incident as contemplated in the Railway Act. 5. All the above contentions are without any substance in the light of the fact that no evidence was adduced before the Claims Tribunal. The recovery of the tickets from the pocket of the deceased, when his dead body was recovered from the track, coupled with postmortem certificate would be sufficient to conclude that the death must have been the result of an accidental fall. In the light of the evidence adduced by the claimants, it was for the railway to show that the death was not caused as alleged in the claim petition and that the railway is not liable to pay any compensation. As already noticed, there was no M.F.A.41/2010. 4 attempt from the side of the railway to do so. Moreover, the principle of res ipsa loquitur applies. At the risk of repetition, one may notice that the Claims Tribunal has considered the evidence in the case elaborately and has also adverted to the law on the point. The appellants were unable to show that there are any legal or factual infirmities in the finding of the Claims Tribunal. The result is that this appeal is without any merits whatsoever, and it is accordingly dismissed in limine. Thottathil B. Radhakrishnan, Judge P. Bhavadasan, Judge sb.