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2007 Supreme(Mad) 870

K.VENKATARAMAN
T. V. Kunjali – Appellant
Versus
Union of India, Owning Southern Railway rep. by General Manager – Respondent


Advocates:
For the Appellant:T. Raja Mohan, Advocate. For the Respondent:
V.G. Sureshkumar, Advocate.

Judgment :-

The claimant before the Railway Claims Tribunal, Chennai Branch is the appellant before this Court. The appellant has filed the said Claim Application wherein he has stated that he has boarded West Coast Express Train No.6627 at Chennai on 2. 2000 in order to proceed to Badagara (Kerala). When the train reached the Salem Junction at about 6.10 p.m., the petitioner with a view to purchase refreshment from the mobile vendors, he was standing near the entrance of the compartment. At that time due to sudden start of the train with jerk and pushing of passengers, he lost control of the hold and accidentally slipped and fell between the platform and the train. Due to the said impact, his left hand was crushed and was amputated below elbow and he has also suffered grievous injuries abrasion and lacerated wound over the right thigh and right of fore head. He was sent to Government Medical College Hospital, Salem. He got discharged since the treatment was not satisfactory and was admitted at United Hospital, Coimbatore. He was inpatient from 2. 2000 to 3. 2000. Claiming that his case has to be considered as accidental fall within the meaning of "untoward incident", the said Claim



































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