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2022 Supreme(Mad) 147

R.SUBRAMANIAN
Gukhana @ Guna – Appellant
Versus
Union of India owning, Southern Railway, Rep. by its General Manager, Chennai – Respondent


Advocates Appeared:
For the Appellant :S. Parthasarathy, Advocate.
For the Respondent:M. Vijay Anand, Advocate.

JUDGMENT :

Prayer: Civil Revision Petition filed under section 115 of the Code of Civil Procedure, praying to set aside the order passed in M.A.No.4 of 2020 in O.A. (II-U) MAS No.12 of 2010 dated 15.03.2021 on the file of the Railway Claims Tribunal, Chennai Bench.

1. This Revision is directed against an order of the Railway Claims Tribunal made in Miscellaneous Application No.4 of 2020 in OA No.12 of 2010, dated 15.03.2021.

2. The Original Application in OA No.12 of 2010 was filed by the petitioner seeking compensation for the injuries suffered by him in an accident that occurred at Jolarpet Railway Station, while he was a bona fide passenger travelling from Trichur to Jolarpet. The Railway Authorities denied the accident and claimed that the petitioner was not a bona fide passenger. The Railway Claims Tribunal by its award dated 13.07.2010 accepted the defence of the Railway Authority and dismissed the claim.

3. Aggrieved the petitioner preferred CMA No.2916 of 2011, before this Court. This Court by judgment dated 20.12.2019 reversed the findings of the Railway Claims Tribunal regarding the liability of the Railway Authorities and held that the petitioner is entitled to compensation.

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