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2008 Supreme(Ker) 40

J.B.KOSHY, K.HEMA
K. V. Thomas – Appellant
Versus
Union of India – Respondent


Advocates Appeared:For the Petitioner:Union of India, Advocate. For the Respondent: Varghese P. Thomas, SC, Railways.

Judgment :-

Koshy, J.

Appellant claimant filed an application for compensation for the injuries sustained by him when he accidentally fell down from Vanchinad Express train at Chengannoor Railway Station on 25.1998. As a result of the accident, his left leg was amputated below knee and right leg was amputated on the upper portion of femur. He claimed a compensation of Rs.11 lakhs with 18% interest. According to him, he purchased a ticket from Changannoor Station to go to Trichur by Venad train. Usually Venad Express and Vanchinad Express had a crossing at Chengannoor Railway Station and Venad train usually comes on platform No.1 and Vanchinad Express usually comes on platform No.2. Thinking that Venad express is waiting in platform No.1, he along with his neighbour boarded the train in platform No.1. But it was later found that it was not the train which was going to Trichur and while trying to get down, he fell down and train left and both legs crushed under the wheels. According to the respondents, accident occurred due to his own negligence and he is not entitled to compensation. The fact that he purchased the ticket and entered the platform is not disputed. He fell down accident



















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