Kerala High Court
Union Of India vs Geetha Mohan And 2 Others on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
MFA (RCT) NO. 115 OF 2009
AGAINST THE JUDGMENT DATED 31.12.2008 IN OA 48/2006 OF RAILWAY CLAIMS
TRIBUNAL, ERNAKULAM
-----
APPELLANT/RESPONDENT:
UNION OF INDIA REPRESENTED BY
GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI.
BY ADVS.
SRI.N.B.SUNIL NATH,SC, RAILWAYS
SRI.SUDHIR GOPI, SC, RAILWAYS
SRI.MATHEW BOBBY KURIAN, SC, RAILWAYS
G.MAHESWARY
RESPONDENTS/APPLICANTS:
1 K.V.GEETHA MOHAN,
W/O K.E.CHANDRAMOHANAN, RESIDING AT SREERAGAM,
MALAPPURAM - 676505, MALAPPURAM DISTRICT.
2 K.V.GAYATHRI MOHAN, D/O.K.E.CHANDRAMOHAN
RESIDING AT SREERAGAM, MALAPPURAM - 676505,
MALAPPURAM DISTRICT.
3 K.V.AVANTHI MOHAN, D/O. K.E.CHANDRAMOHAN
RESIDING AT SREERAGAM, MALAPPURAM - 676505, MALAPPURAM
DISTRICT.
BY ADV SRI.P.CHANDRASEKHAR
THIS MFA (RCT) HAVING COME UP FOR ADMISSION ON 26.10.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
M.F.A.(RCT) No.115 of 2009
= = = = = = = = = = = = = = = = = =
Dated this the 26th day of October, 2023
J U D G M E N T
Order for payment of compensation in a claim filed
under Section 16 of the Railway Claims Tribunal Act,
1987 is under challenge in this appeal by the Union.
2. According to the applicants, on 29.09.2005
their predecessor Sri.Chandramohan while boarding
Netravathi Express at Tirur station to undertake his
journey to Kuttipuram, fell down on the track and
succumbed to the injuries. It is accordingly that the
claim was made.
3. The respondent contended that the deceased was
not a passenger and that he had committed suicide by
jumping before the moving train. Thus the liability to
pay compensation was challenged.
MFA(RCT) No.115 of 2009
4. The Tribunal found that the deceased was a
bonafide passenger who met with the untoward incident
while boarding the train. Accordingly, compensation was
granted.
5. Heard learned counsel on either side.
6. Ext.A3 is the journey ticket of the deceased
evidencing his intention to travel in Train No.6345 on
29.09.2005 from Tirur to Kuttipuram. The genuineness of
Ext.A3 was not disputed by the respondent. PW3 has
vouched to have seen the deceased boarding the train
from Tirur. PW3 is an employee of the Railway Mail
Service Tirur, who was present at the Station when the
accident occurred. He has deposed that the deceased fell
down between the train and the platform while boarding
the train. The evidence of PW3 is supported by the
evidence of PW2 who informed the police about the
MFA(RCT) No.115 of 2009
incident. It is on the above materials that the Tribunal
entered a finding that the deceased was a bonafide
passenger in the train. The Tribunal also relied on the
judgment of the Apex Court in Union of India v. Prabhakaran
Vijaya Kumar 2008(2) KLT 700 (SC) to find that, accidents
that occur when a bonafide passenger tries to enter into
a train and falls down in the process, also falls within
the scope of untoward incident.
7. The Tribunal has appreciated the evidence on
record in the proper perspective and has held that the
deceased was a bonafide passenger who met with the
untoward incident. The finding of the Tribunal is based
on materials and warrants no interference.
8. The Tribunal has awarded compensation of ` 4
lakhs with interest at the rate of 9% per annum.
Considering the prevailing banking rate of interest, it
MFA(RCT) No.115 of 2009
would be sufficient if the rate of interest is re-fixed
at 6%. The rate of interest is thus liable to be re-
fixed accordingly.
Resultantly, the appeal is allowed in part. The
rate of interest awarded by the Tribunal at 9% will
stand re-fixed at 6%. In all other respects, the order
of the Tribunal is affirmed.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
