- (1.)In the claim petition in O.A. No. 17 of 2000 (CMA No. 1477 of 2001), the following are alleged:
The first applicant is the son and the second applicant is mother of the deceased S. Manoharan. The said Manoharan, while travelling by EMU train on 05.08.1999, accidentally fell down from it at Aavadi railway station at about 20.30 hours and he died at Government General Hospital, Chennai. Hence the petition for compensation has been filed by the legal heirs of the deceased.

(2.)In the claim petition in O.A. No. 43 of 2000 (CMA No. 656 of 2002), the following are stated:
The applicant is the mother of the deceased Shanmugam, who is said to have accidentally fallen from the moving EMU train on 14.08.2000 at 13.30 hours at KM 34/22-24. Hence, the application for compensation is filed.

(3.)The following are the allegations contained in the counters filed by the respondent/Southern Railway:
It is denied that the deceased Shanmugam died on the spot as mentioned by the claimant. There was no eye witness or chain pulling by co-passenger to prove that the deceased fell from the running train. The incident of falling from train was not reported by any passenger to the railway authorities. In the absence of eye witness, it is to be taken that the deceased died while crossing the railway track and therefore, the Souther Railway is not liable to pay compensation for the death of the trespassers. The appellants have to prove that the deceased were the bona fide passengers and the relationship of the claimants with the deceased has also to be established. Hence, the claim petitions have to be dismissed.