The High Court dismissed an appeal against the Railway Claims Tribunal's order denying compensation, ruling that the Tribunal did not err in concluding the deceased was not a bonafide passenger due to lack of a ticket.
The Civil Miscellaneous Appeal failed and was dismissed; no costs awarded.
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 : 07.10.2020 CORAM THE HONOURABLE MR.JUSTICE T.RAJA C.M.A.No.3491 of 2019
1.Mr.C.Baskar (father of the deceased) 2.Mrs.B.Vanitha (mother of the deceased) .. Appellants
Versus
Union of India, Owning Southern Railways, Rep. By its General Manager, Chennai – 3. .. Respondent
Prayer: Civil Miscellaneous Appeal has been filed under Section 23 of the Railways Claims Tribunal Act, praying to set aside the order dated 05.08.2019, passed in O.A.(II-U) No.189 of 2018 by the Railway Claims Tribunal, Chennai Bench.
For Appellants : Mr.R.Sekaran For Respondent : Mr.M.Vijay Anand
JUDGMENT
Heard Mr.R.Sekaran, learned counsel for the claimants/appellants herein, and Mr.M.Vijay Anand, learned standing counsel for the respondent/Southern Railway, through Video Conferencing, due to COVID-19 pandemic.
between Nemilichery and Pattabiram and died on the spot. However, the 2nd Class ticket purchased by her said to have been lost while the body was transmitted for postmortem. On receiving the information, Sub-Inspector of Railway Police Station, Avadi, rushed to the sport and registered an First Information Report (FIR) in Crime No.112 for offence under Section 174 of the Criminal Procedure Code, 1973. Subsequently, Inquest Report was also submitted on 21.07.2016. Therefore, based on the FIR dated 21.07.2018, Inquest Report dated 21.07.2018, death certificate and legal heir certificate, the claimants/appellant herein have laid a claim seeking compensation to the tune of Rs.8,00,000/- for the death of her daughter. But, the learned Tribunal, disagreeing with the claim made by the appellants herein, has wrongly dismissed the claim petition holding that the deceased was not a bonafide person.
2 issues framed by the court
Whether the Railways Claims Tribunal erred in holding that the deceased was not a bonafide passenger due to absence of ticket found on her body.
Whether the appellant's contentions regarding the loss of ticket during the incident create perversity in the Tribunal's order.
1 provisions across 1 enactments
Mr. C. Baskar
Mrs. B. Vanitha
Union of India
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
