Title: Malarkodi P v. Union of India
Decided on: 17 November, 2023
+ MFA (RCT) No. 141 of 2017
CORAM: HON’BLE Justice C. Pratheep Kumar
Introduction
When a passenger fell from a moving train accidentally while attempting to get off after discovering it was the wrong train, the Kerala High Court ruled that it was a “untoward incident” rather than a “self-inflicted injury.”
Facts of the Case
By the time the deceased realized he had boarded the wrong train, it had already begun to move. The dead was injured when he fell on the platform at Shornur Railway Station while attempting to get off, and his injuries ultimately proved fatal. The Railway Claims Tribunal in Ernakulam rejected his dependents’ petition for compensation, citing the fact that the death was caused by self-inflicted harm. The dependents, feeling cheated, filed an appeal with the High Court.
Courts analysis and decision
The court determined that for an injury to fall within the category of self-inflicted injury, there had to be a purpose to cause harm. Upon reviewing the postmortem certificate and final report, the court concluded that the deceased’s injuries on the right thigh and hip were the cause of death. concluding that he had boarded the incorrect train and was trying to get off the moving vehicle at the time of the occurrence.
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Written by- Hargunn Kaur Makhija
