This appeal is filed assailing the judgment dated
03.01.2017 in O.A.(IIu)/ERS/2016/0016 of the Railway Claims
Tribunal, Ernakulam Bench. Appellant is aggrieved by the granting
of compensation to the respondent by the Tribunal.
2. The following are concise facts:
The respondent stated that on November 8,
2010, he arrived at Kozhikode Railway Station to proceed to Mahe
with some friends. He was required to board Train No. 611 to
Kannur from platform No. 4. He and his friends traversed platform
No. 3 to access the foot over bridge located at the end of the
platform, in order to reach platform No. 4. The platform’s surface
was wet. He inadvertently slipped and fell onto the track adjacent
to platform No. 3. His head struck the hard floor, resulting in a
head injury. Before he could rise from the track, a goods train
passed over his legs. He was taken to the Medical College
MFA (RCT) NO. 55 OF 2017 2026:KER:50748
Hospital, Kozhikode and his both legs were amputated. He claimed
a total compensation of Rs.25,00,000/- along with interest. The
Railway disputed claim of the respondent. Before the Tribunal, the
Railway filed a reply statement. It was stated by the Railway that
as per the statement of the Loco Pilot of the goods train, the
respondent suddenly trespassed from platform No.3 near
SMR/O/CLT and fell down on the track. Though the Loco Pilot tried
to applied the brakes, the train could not be halted and it ran over
the respondent. The Railway also relied on DRMs report, which
mentioned about the statement of one Prasad Richard in addition
to the statement of the Loco Pilot. According to the Railway, the
respondent got injured as he trespassed to the track from
platform No.3 to go to platform No.4 without using the foot over
bridge. The Railway pointed out that trespass is an offense
punishable under Section 147 of the Railways Act, and therefore
no compensation was liable to be paid to the respondent.
