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2012 Supreme(Ker) 597

THOTTATHIL B.RADHAKRISHNAN, K.VINOD CHANDRAN
Union of India, Represented by the General Manager – Appellant
Versus
Parameswaranpillai – Respondent


Advocates appeared:
For the Petitioner: James Kurian, SC, Railways.
For the Respondents:R2, S. Sajith, Nagaraj Narayanan, Saijo Hassan, Rajan Velloth, A.S. Sabu, V.K. Rafeek, Prathap Pillai, Advocates.

JUDGMENT :-

Thottathil B. Radhakrishnan, J.

1. Railway administration appeals against the judgment of the Railway Claims Tribunal granting compensation to the parents of Radhakrishna Pillai (for short, 'Pillai'), who died as a result of an incident on 11.11.2004. The Tribunal found that while travelling from Calicut to Kannur in Train No.619, he fell when that running train jerked violently, resulting in the door of the compartment swinging and smashing him down and that it was an "untoward incident" as defined in the Railways Act, 1989, (for short, the "Railways Act"), for which compensation is payable under Section 124A of that Act. The Tribunal repelled Railways' plea that he was not a 'bona fide' passenger.

2. The ground of the Railways in this appeal is confined to the plea that Pillai cannot be held to be a 'bona fide' passenger as his passenger ticket was not produced by the claimants, or recovered from his body.

3. Pillai was injured on 11.11.2004. He was removed to the hospital, from where he died on 17.11.2014. His mother deposed as P.W.1 that her son had purchased a ticket from Calicut Railway Station. That was not recovered from his body. There is nothing on record to sh










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