The Madurai Bench discussed a writ petition filed for compensation regarding a railway accident death. It held that compensation claims for railway accidents are a disputed fact to be tried and are handled by a dedicated Tribunal. Thus, the petition was dismissed for lack of jurisdiction and merits.
Writ petition dismissed with no order as to costs.
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.
W.P(MD)No.6038 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.6038 of 2019
M.Mahalingam
... Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to give compensation to the petitioner for deceased petitioner's son namely Kanagamani due to Railway Accident based on the petitioner's representation dated 21.01.2019.
For Petitioner : Mr.G.Gomathi Sankar For R – 1 : Mr.D.Gandhi Raj Special Government Pleader For R – 2 : Mr.K.R.Laxman
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W.P(MD)No.6038 of 2019
ORDER
This Writ Petition has been filed by the petitioner for a
direction directing the respondents to award compensation for his son's demise due to a railway accident.
2.The petitioner's son while travelling in the train from Madurai to Virudhunagar, met with a Railway accident and died while crossing the railway track. Therefore, the petitioner submitted a representation dated 21.09.2019 before the respondents seeking compensation.
3.This is a disputed question of facts and it has to be gone into by trial. Mere submission of the representation cannot be considered. That apart, there is a Tribunal to seek compensation for the Railway. Therefore, the representation submitted by the petitioner cannot be granted. Hence, this Writ Petition lacks merits and the same is liable to be dismissed.
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W.P(MD)No.6038 of 2019
be no order as to costs.
02.12.2024
NCC : Yes / No Index : Yes / No Internet : Yes ps
To
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W.P(MD)No.6038 of 2019
G.K.ILANTHIRAIYAN, J.
ps
Order made in W.P(MD)No.6038 of 2019
02.12.2024
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1 issue framed by the court
Whether the High Court can direct compensation for a railway accident via writ petition when a specific Tribunal exists for such claims.
1 provisions across 1 enactments
M. Mahalingam
The District Collector, Madurai District, Madurai
The General Manager, Southern Railway, Chennai
The Divisional Manager, Southern Railway, Madurai Division, Madurai
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
