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2021 Supreme(Mad) 282

S.M.SUBRAMANIAM
Arumugam – Appellant
Versus
Union of India owning Southern Railway, Represented by its General Manager, Chennai – Respondent


Advocates Appeared:
For the Appellants :Selvi Rajesh, Advocate.
For the Respondent:M. Vijay Anand, Advocate.

JUDGMENT :-

(Prayer: Civil Miscellaneous Appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1989 against the judgment and decree dated 18.7.2017 made in O.A. (II-U) No.138 of 2016 on the file of the Railway Claims Tribunal, Chennai Branch.)

1. The judgment dated 18.07.2017 passed by the Railway Claims Tribunal, Chennai Bench in OA (II-U) No.138 of 2016 is under challenge in the present Civil Miscellaneous Appeal.

2. The claimants are the appellants.

3. The claim petition was filed based on the facts as narrated in the application, which read as under:

“The deceased was working as an Assistant in a Church at Palayamkottai. He used to travel to various places officially. Likewise on 14.12.2015 morning around 06.30 A.M, the deceased informed his wife through cell phone that he finished his work in a Church at Pommidi and returning to Tirunelveli by train. He came to Pommidi Railway Station, procured a travel ticket to travel from Pommidi to Tirunelveli (Ticket No.28182308) and travelled in train running towards Tirunelveli. While the train came in between Kovilpatti and Nalli Railway stations at KM 583/900-800, due to heavy crowd, high speed, jerk and jolt of the train,

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