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KARNATAKA HIGH COURT
MR HANCHATE SANJEEVKUMAR, J
SMT. C. GEETHA W/O LATE H C SINGRAIAH – Appellant
Versus
UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAYS – Respondent
| Table of Content |
|---|
| 1. death resulted from a railway accident involving a bona fide passenger. (Para 2 , 3) |
| 2. evidence must not solely rely on eyewitness accounts to support claims. (Para 4) |
| 3. strict liability applies in cases without wrongful conduct from the railway. (Para 5 , 6) |
| 4. claimants need only prove status as bona fide passengers for compensation entitlement. (Para 8) |
| 5. court allows appeal and awards compensation retroactively with specified conditions. (Para 9 , 10 , 11 , 12) |
ORAL JUDGMENT
The claimants being aggrieved by the judgment dated 18.04.2018 passed in claim application No.O.A II U 105/2016 by the Railway Claims Tribunal, Bangalore Bench, Bangalore, thereby the claim petition filed by the claimants was rejected.
2. It is the case of claimants that the claimants are the wife, son and father of the deceased. The deceased was working as a security guard at KSBCL. On 28.06.2015, the deceased as a bonafide passenger with a valid journey ticket bearing No.78976951 while travelling from Mandya to Bengaluru and when the train reached Nayandahalli Railway Station near Bengaluru, due to sudden jolt and jerk of the train, he accidentally fell down from the moving train and sustai
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