RailEnquiry

The Kerala High Court has held that compensation cannot be denied to a person who fell to his death after being hit by the door of a coach while sitting on the foot-board of a train. A Division Bench comprising Justice K M Joseph and Justice A Hariprasad passed the order while allowing an appeal by the father and sister of one Jithu who died in the incident, challenging the tribunal order denying compensation.Jithu, a 22 year old, met with an untimely death while travelling on the Mangalore mail, as a result of his falling from the train near Lakkidi Railway station on November 12, 2008. He was sitting on the foot-board of the train and the door hit him, knocking him off the train. He sustained serious injuries and later died.The petitioner had approached the Railway Tribunal claiming compensation on the basis that Jithu had died as a result of an untoward incident within the meaning of Section 124A of the Railways Act, 1989. The Railway treated it as negligence.

The tribunal had denied the compensation plea citing the reason that the death was a result of self-inflicted injury. Hence the dependents approached the High Court.

The Railway submitted that the deceased was travelling sitting near the door and such travel is a dangerous and reckless act. His fall was due to his own willful act for which the Railway was exempted from paying compensation under Section 124 A (b) of the Act.

Counsel for the petitioners Lakshmi Rajan submitted that the approach of the tribunal cannot be supported. This was not a case where there was a self inflicted injury, she added. The court observed that the finding of the tribunal that the deceased was guilty of an act which can be treated as self-inflicted injury was not correct. There was no case for the Railway that Jithu was warned by them to desist from travelling on the step or foot board. Hence, the deceased could not be accused of a criminal act, the court held. The court also set aside the finding of the tribunal that the legal heirs of Jithu were not entitled to compensation on the grounds that the death was due to the self-inflicted injury.

The court directed  dependents to appear before the tribunal on August 12.