This court dismissed an appeal against the Railway Claims Tribunal's finding that the deceased died while trespassing on the railway track rather than as a bonafide passenger, confirming the Tribunal's order that no compensation was payable.
The Railway Tribunal's order is confirmed; the Civil Miscellaneous Appeal is dismissed.
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 : 17.02.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.1489 of 2015
1.Smt.Dikari Devi 2.Nira Kumari 3.Vishnu 4.Anjali (A2 to A4 being Minors rep.by Mother & Natural Guardian A-1) 5.Bhim Singh 6.Smt.Beluma … Appellants Vs. Union of India, Owning Southern Railway, Rep by its General Manager, Chennai 600 003. ... Respondent Prayer : Civil Miscellaneous Appeal filed under Section 23 of Railway Claims Tribunal Act, 1987, against the order dated 24.02.2015 passed by the Railway Claims Tribunal, Chennai Bench in O.A.(II-U) No.114 of 2014. For Appellants : Mr.T.Raja Mohan For Respondent : Ms.T.P.Savitha J U D G M E N T
The order dated 24.02.2015 passed in O.A (II-U) No.114 of 2014, is under challenge in the present civil miscellaneous appeal.
Guduvanchery and Potheri Railway Stations, accidentally fell down from the running train, suffered (1) crush and cut injury at lower part of both the thighs, (2) grievous injury on head with heavy discharge of blood, died at the place of occurrence. It was an untoward incident. The second class ticket purchased by the deceased for his travel from Guduvanchery to Potheri was said to have been lost at the time of accident and the same could not be retrieved by the police.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
gsk
To
1.The General Manager,
Union of India,
Owning Southern Railway. Chennai.
2.The Railway Claims Tribunal,
Chennai Bench.
+1cc to Mr.T.Rajamohan, Advocate SR.9652
+1cc to M/s.T.P.Savitha, Advocate SR.9584
C.M.A.No.1489 of 2015
AD(CO)
CB(19/03/2021)
3 issues framed by the court
Whether the deceased was a bonafide passenger or a trespasser on the railway track.
Whether the finding of the Railway Tribunal that the accident occurred while crossing the track was perverse.
Whether the appellants' appeal against the Railway Tribunal's order sustaining the respondent's case is maintainable.
1 provisions across 1 enactments
Dikari Devi and others
Union of India
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
