A writ petition filed under Article 226 seeking quashing of a decree and direct compensation for a railway accident was allowed to be withdrawn on agreed terms, granting liberty to file a claim petition for compensation.
Writ petition dismissed as withdrawn with liberty to file a claim petition. Connected miscellaneous petition closed.
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 : 04.11.2019
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
W.P. 9978 of 2014 and
M.P. 1 of 2014
R.Doss ... Petitioner
Versus
1. Ministry of Railways,
rep. By Chairman,
Railway Board,
Rail Bhavan, Raisina Road,
New Delhi-110 001.
2. The Southern Railways,
rep. By its General Manager,
General Manager Office,
General Branch,
1 st Floor, NGO Main Buildings,
Southern Railway,
Park Town, Chennai-600 003.
3. The Chief Claims Officer,
Southern Railways,
5 th Floor, M.M. Complex,
Chennai-3. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for records of the 3rd respondent herein in his proceedings in No.C/355/TORTS/08/ 2014/COURT, dated 21.02.2014 and quash the same and consequently direct the respondents herein to pay the petitioner a sum of Rs.51,03,989/- together with future interest @ 7.5% from the date of filing of this Writ Petition till the date of payment as compensation for being jointly and vicariously liable for the act of recklessness and negligence on the part of the Railway authorities in causing the accident dated 10.04.2012.
For Petitioner : Mr.D.Ravichander For Respondents : Mr.P.T. Ramkumar Standing Counsel for R1 and R2
O R D E R
The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the Writ Petition and a liberty may be granted to the petitioner to file a claim petition. He has also made endorsement to that effect.
In view of the submission and endorsement made by the learned Counsel appearing for the Petitioner, the Writ Petition dismissed as withdrawn with a liberty to work out his remedy in the manner known to law including filing a claim petition under the Motor Vehicles Act. No costs. Consequently, the connected Miscellaneous Petition also closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
rpp
To
1. The Chairman,
Ministry of Railways,
Railway Board,
Rail Bhavan, Raisina Road,
New Delhi-110 001.
2. The General Manager,
Southern Railways,
General Manager Office,
General Branch,
1 st Floor, NGO Main Buildings,
Southern Railway,
Park Town, Chennai-600 003.
3. The Chief Claims Officer,
Southern Railways,
5 th Floor, M.M. Complex,
Chennai-3.
+1cc to Mr.D.Ravichander , Advocate SR.No. 91714
+1cc to Mr.P.T.Ram kumar , Advocate SR.No. 9350
W.P. 9978 of 2014
A.SK(05/12/2019)
1 provisions across 1 enactments
R. Doss
Ministry of Railways
Southern Railways
Chief Claims Officer, Southern Railways
V. Bharithidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
