SUBHASH CHANDRA, SADHNA SHANKER
Union of India through General Manager – Appellant
Versus
Unni A. – Respondent
ORDER
I.A. No.15313 of 2023
Dr. Sadhna Shanker, Member.—This is an application for substitution of the legal representatives of Mr. Unni A and Shri K. P. Appa, respondents No. 1 and No. 4.
The legal heirs of Mr. Unni A. respondent No.1 are as under:
1. Kully, W/o Raman R/o Njaliparambil House, Chuduvulathur, Shornur,
Palakkad – 679121
(ii) Sudheesh R., S/o Late Shri Unni A.
R/o Njalilparambil House, Chuduvulathur, Shornur,
Palakkad – 679121
(iii) Sruthi R, D/o Late Shri Unni A,
R/o Chudalaparambu, Parappangadi, Ullanam The legal heirs of Mr. K.P. Appa, respondent no. 4 are as under:
i. Rajan S/o Shri K.P. Appa, R/o Njalil Parambil, Shoranur 1, Palakkad,
Kerala – 679121
ii. Gopalakrishnan S/o Shri K.P. Appa,
R/o Njalil Parambil, Shoranur 1, Palakkad, Kerala – 679121
iii. Bindhu, D/o Shri K.P. Appa, R/o Njalil Parambil, Shoranur 1, Palakkad,
Kerala – 679121
2. The application for substitution is allowed and the legal representatives of Mr. Unni A and Shri K.P. Appa are taken on record.
3. This appeal has been filed under
section 19 of the Consumer Protection
Act, 1986 (hereinafter referred to as the ‘Act’) in challenge to the Order dated 23.04.2015 of the State Commission
Chairman, Thiruvalluvar Transport Corpn. vs. Consumer Protection Council
State of Karnataka vs. Vishwabarathi House Building Co-op. Society
Consumer Protection Act supplements & not supplants jurisdiction of Civil Courts or other statutory authorities.
The main legal point established in the judgment is that the Railway Claims Tribunal has exclusive jurisdiction over compensation claims for passengers who have accidentally fallen from a train, and ....
The liability of the railway administration to compensate for untoward incidents is strict and can be claimed by the legal representatives of a deceased dependent even after their demise.
Claims for third-party property damage due to motor vehicle incidents must be adjudicated by Motor Accident Claims Tribunals, not consumer forums.
The court affirmed the applicability of strict liability in railway accident claims, establishing entitlement to compensation under the Railway Act for the dependents of a passenger who suffered fata....
The absence of a valid ticket does not negate the presumption of a passenger's bona fide status, and the Railway Administration is strictly liable for untoward incidents.
The court established that the absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act.
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