The Madras High Court dismissed the Union of India's appeal against the Railway Claims Tribunal, holding that uniform police and medical reports confirmed the deceased as a bona fide passenger falling accidentally from a moving train, ignoring the unsigned ticket defense.
Appellant directed to deposit Rs. 4,00,00/- plus 9% interest within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
C.M.A.No.1076 of 2010
The Union of India owning
Southern Railway rep.by
its General Manager
Chennai 600 003 .. Appellant / Respondent
-vs-
1. Mrs.M.Uma
2. M.Dhanush
(R2 minor rep.by mother and
natural guardian R1)
3. G.Perumal
4. P.Padmavathi
5. The Assistant Registrar
Railway Claims Tribunal
Chennai Bench
Fresh Ford
50, Mc Nichols Road
Chetpet, Chennai 600 031 .. Respondents / Applicants
Memorandum of Grounds of Civil Miscellaneous Appeal under Section 23 of the Railway Claims Tribunal Act, against the order dated 25.6.2009 made in O.A.No.77 of 2008 on the file of the Railway Claims Tribunal, Chennai Bench.
For Appellant :: Mr.M.T.Arunan Standing Counsel assisted by M/s M.A.Aruneshe S.Malar Selvi P.Sobana Devi For Respondents :: Mr.S.Parthasarathy for R1 to 4 R5-Tribunal
JUDGMENT
Southern Railway represented by its General Manager, Chennai has come up in appeal before this Court, questioning the
correctness of the impugned order dated 25.6.2009 passed by the Railway Claims Tribunal, Chennai Bench, in and by which the appellant was directed to pay to the four dependants of late P.Murthi @ Yagamurthi, namely, M.Uma (wife), M.Dhanush (minor son), G.Perumal (father) and Mrs.P.Padmavathy (mother), a sum of Rs.4,00,000/- within two months from the date of the order, failing which the respondents/claimants would be entitled to interest at the rate of 9% per annum, on the ground that the Tribunal ignored the significance of the contention of the Presenting Officer of the Railway that the season ticket possessed by the deceased was not signed by him, which makes the same invalid, resultantly, the deceased was not a bona fide passenger and also on the ground that his death cannot be termed as an accidental fall by any stretch of imagination, therefore, the claim was not sustainable under Section 124(A) of the Railways Act.
his death, who was a bona fide passenger, on the ground that he has not signed the season ticket which was in his possession, cannot be accepted. Therefore, the civil miscellaneous appeal fails and it is dismissed. The appellant is directed to deposit the balance sum of Rs.4,00,000/- from the date of the Tribunal's order along with interest at the rate of 9% per annum within a period of four weeks from the date of receipt of a copy of this order. As it stated by the learned counsel for the respondents that the father of the deceased named G.Perumal died on 4.4.2015 during the pendency of the appeal, on the deposit of the balance amount, the mother, wife and minor son of the deceased are entitled to withdraw and share the same equally. Consequently, M.P.No.1 of 2010 is closed. No costs.
Sd/-
Assistant Registrar (Insp.Cell)
//True Copy//
Sub Assistant Registrar
ss
To
1. The Assistant Registrar
Railway Claims Tribunal
Chennai Bench
Fresh Ford
50, Mc Nichols Road
Chetpet
Chennai 600 031
2. The General Manager
Southern Railway
Chennai 600 003
+2 ccs to Mr.M.T.Arunan, Advocate, S.R.No.55383
+1 cc to Mr.S.Parthasarathy, Advocate, S.R.No.55221
C.M.A.No.1076 of 2010
LN(CO)
SSM(19/08/2019)
3 issues framed by the court
Whether the Railway Claims Tribunal erred in holding the deceased to be a bona fide passenger despite the season ticket lacking the deceased's signature.
Whether the claim for compensation under Section 124(A) of the Railways Act is sustainable given the factual finding of accidental fall from a moving train.
Whether the appeal against the Tribunal's order directing payment of compensation should be allowed.
2 provisions across 2 enactments
Union of India rep. by Southern Railway
Mrs. M. Uma
M. Dhanush
G. Perumal
Mrs. P. Padmavathi
Assistant Registrar Railway Claims Tribunal
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
