Union Of India vs Sreekanth on 9 July, 2026

    0
    5
    ADVERTISEMENT

    This appeal is filed assailing the judgment dated

    03.01.2017 in O.A.(IIu)/ERS/2016/0016 of the Railway Claims

    SPONSORED

    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.



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here