The Railway Claims Tribunal, Chennai Bench, has awarded a compensation of Rs. 4 lakh with interest to the parents of a 28-year-old man who died due to a fall from an EMU train in February last year.
In their application filed through counsel K.N. Pandian and V.S. Suresh, S.M.V. Kalaiyarasu and his wife V. Egavalli said their bachelor son K. Arunmozhi was travelling in an EMU train from Villivakkam to Arakkonam on February 15, 2009. When the train was between Tiruvallur and Kadambattur stations the youth was thrown out of the train when it stopped suddenly with a jerk. He died on the spot. The applicants said the train was crowded.
In its reply, the Southern Railway, represented by its General Manager, denied that the passenger accidentally fell down from the train. The passenger had precariously travelled near the doorway and fell down due to his careless and negligent act for which the railway was not liable to pay any compensation.
In its judgment, the tribunal Bench consisting of G.K. Chaturvedi, Vice-Chairman (Judicial) and N.R. Rajasekaran, Member (Technical), said it was an admitted fact that Arunmozhi was a bonafide passenger. The travel and fall of the passenger had been admitted by the Railways in the mandatory DRM's report. The police had concluded and treated the case as an “accidental death due to a fall from running EMU train.”
In view of the evidence available and going by various judgments, the Bench held an ‘untoward incident' as defined in the Railways Act occurred to a bonafide passenger. As per rules, the prescribed rate of compensation for death was Rs. 4 lakh. Hence, the applicants who were the only dependants of the deceased were entitled to compensation from Railways for the death of their son in an untoward incident the Bench said and directed the Railways to pay the compensation.
