TN man chasing train dies of cardiac arrest, SC asks railways to pay Rs 4 lakh

NEW DELHI: The Supreme Court has asked the Railways to pay Rs 4 lakh as compensation to heirs of a man who died of cardiac arrest while running on Dindigul platform. He was attempting to convey to his wife and daughter that they had boarded the 'wrong' train even as it had started chugging out of the station.
A bench headed by Chief Justice H L Dattu on Thursday dismissed the railways' petition more out of compassion for the distressed family than on a point of law.The railways appeared to make a strong case that it had not contributed in any way for the death which was due to natural causes and hence it was not liable to pay.
Attorney general Mukul Rohatgi too pleaded for the court to decide the issue on merit while promising to deposit Rs 4 lakh with interest in the court to prove the Southern Railways' bona fide. But, the court said it would keep the law point – liability of the railways for natural deaths in platforms – for future.
The case presented an interesting story and the benevolent side of the judiciary. Durai Somanathan bought a train ticket at Dindigul station to travel to Kumbhakonam on March 4, 2007. He along with wife Elambal and daughter S Bhanumathi boarded a train. Just before the train was to leave the station, he realized that they have boarded a wrong train as it was going to Erode.
He hurried his wife and daughter asking them to alight. He got off. But, his wife and daughter could not and the train started to chug out of the station. As it picked up speed, Somanathan started running along with the train shouting at his wife and daughter to jump out of the train.
For a while he ran along the train. But soon he suffered a cardiac arrest and collapsed in the station. The police lodged an FIR and conducted post-mortem. The doctor identified the cause of death as cardiac arrest and of natural causes. Autopsy report also specifically said that the cause of the death was not due to any fall from train as there was no physical injury to the body.
But, the widow and her four children filed a claim of Rs 4 lakh against Southern Railways in the railways claims tribunal. The tribunal on July 21, 2009 dismissed the claim holding that though the deceased was a bona fide passenger of the train, his case did not fall into the ambit of the provision of "untoward incident" under Section 123 of Railway Act, making the authorities liable for compensation.
She and her children appealed before the Madras high court. The HC on September 17, 2013, held that death due to cardiac arrest on railway platform could be categorized under 'untoward incident' and directed the Southern Railways to pay Rs 4 lakh as compensation with 6% interest till July 30, 2008. It said 9% interest would be applicable after July 30, 2008 on the amount due.
In its appeal, the railways claimed that Somanathan was taking continuous treatment for 10 years prior to his death for chest pain and hence, the death could not be attributed to any negligence on the part of railways or categorized as an 'untoward incident' on platform.
Like the HC, the Supreme Court too felt that the amount was too meager for the AG to argue against compensation being paid to the widow and dismissed the appeal.