IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 MFA.No. 197 of 2009(F) --------------------- OA.52/2006 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH .................... APPELLANT(S): RESPONDENT -------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS RESPONDENT(S): APPLICANTS --------------- 1. O.SAVITHRI, W/O.LATE M.GOVINDAN, VELLORE AMSOM, KANDOTH DESOM, PAYYANNUR P.O., KANNUR DISTRICT. 2. O.GIREESH BABU, S/O.LATE M.GOVINDAN, VELLORE AMSOM, KANDOTH DESOM, PAYYANNUR P.O., KANNUR DISTRICT. 3. O.RAJESH, S/O.LATE M.GOVINDAN, VELLORE AMSOM, KANDOTH DESOM, PAYYANNUR P.O., KANNUR DISTRICT. 4. O.MINI, D/O.LATE M.GOVINDAN, VELLORE AMSOM, KANDOTH DESOM, PAYYANNUR P.O., KANNUR DISTRICT. ADV. SRI.V.N.RAMESAN NAMBISAN FOR R1-4 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.F.A. 197 of 2009 ------------------------------------------------------ Dated: JUNE 14, 2010 JUDGMENT Barkath Ali, J. The challenge in this appeal under sec.23 of the Railway Claims Tribunal Act by the respondent in OA 52/2006 on the file of the Railway Claims Tribunal, Ernakulam Bench, is to the judgment of the Tribunal dated March 25, 2009 awarding a compensation of Rs.4 lakhs with interest at the rate of 6% per annum from the date of registration of the case till realisation for the loss caused to the respondents/claimants on account of the death of one M.Govindan who died in a Railway accident which occurred on January 13, 2006 near Edakkad Railway Station. 2. Respondents/applicants are the wife and children of late Govindan. On January 13, 2006 while the deceased was a bona fide passenger in train No.6307 Kannur Express from Shornur to Kannur and when the train was passing along Edakkad Railway Station, he accidentally fell down from the train and sustained serious injuries and that he succumbed to the injuries sustained while undergoing treatment in the hospital. The claimants filed the application under Sec.16 of the Railway Claims Tribunal Act claiming a compensation of M.F.A. 197 of 2009 2 Rs.4 lakhs. 3. Appellant/Railways resisted the claim contending that the deceased was not a passenger of the said train, that he was knocked down by a train while crossing a railway track and that therefore the claimants are not entitled to any compensation. 4. PW.1 was examined and Exts.A1 to A7 were marked on the side of the respondents/applicants. No evidence was adduced on the side of the Railways. On an appreciation of evidence the Tribunal found that the deceased was a bona fide passenger of the Kannur Express (Train No.6307) and that near Edakkad Railway Station he fell from the train and sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital and awarded a compensation of Rs.4 lakhs with interest @ 6% per annum from the date of registration of the case before the Tribunal i.e. from October 17, 2006 till payment. The appellant/Railways have come up in appeal challenging the judgment of the Tribunal. 5. Heard the standing counsel for the appellant/Railways and the counsel for the respondents/claimants. 6. The following points arise for consideration: I. Whether the finding of the Tribunal that the deceased was a bona fide passenger of train No.6307 Kannur Express from M.F.A. 197 of 2009 3 Shornur to Kannur on January 13, 2006 and that he died in an untowards incident, can be sustained? II. Whether the claimants are entitled to any compensation? POINT No.I 7. The standing counsel for the appellant/Railways argued that the deceased was actually knocked down by the train while crossing a railway track and that therefore the claimants are not entitled to any compensation. We find no substance in the above contention. The specific case of the applicants as stated in the petition and as testified by PW.1, son of the deceased was that his father was travelling from Shornur to Kannur by Kannur Express. The journey ticket was recovered from the shirt pocket of the deceased which is marked as Ext.A1 as evidenced by Ext.A7 copy of the inquest report. As there was no contra evidence on the side of the appellant, the Tribunal is perfectly justified in coming to the conclusion that the deceased was a bona fide passenger of the said train on January 13, 2006. POINT No.II 8. The next question for consideration is whether the deceased died by falling from the train as alleged by the applicants. The Edakkad Police has charged Crime No.8/2006 with respect to the said incident. Ext.A3 is the Final Report submitted before the SDM's Court, M.F.A. 197 of 2009 4 Thalassery by the police. It is clearly stated therein that the deceased actually fell down from the train and sustained injuries and that he died as a result of the said injuries. No evidence was adduced by the appellant before the Tribunal to show otherwise. Therefore we confirm the finding of the Tribunal that the deceased Govindan died in an untoward incident within the meaning of Sec.123(c)(2) of the Railways Amendment Act of 1994 and that the claimants being his legal heirs are entitled to compensation. 9. The Tribunal has awarded a compensation of Rs.4 lakhs as shown in the Schedule of the Railway Claims Tribunal Act. That being so, we find no reason to interfere with the judgment and award of the Tribunal. Therefore the appeal has to be dismissed. In the result the appeal is dismissed. No costs. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-