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THE HIGH COURT OF KARNATAKA
MR. HANCHATE SANJEEVKUMAR, J
SMT. PUNGADI W/O LATE V SHANKAR – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. details of appellants and incident. (Para 1 , 2) |
| 2. claims dismissed due to misinterpretations. (Para 3 , 4 , 5) |
| 3. clarification on burden of proof in claims. (Para 6 , 7 , 8) |
| 4. strict liability under section 124a of railways act. (Para 9 , 10) |
| 5. judgment allows claim for compensation. (Para 11 , 12) |
ORAL JUDGMENT
The appeal is filed by the claimants challenging the order dated 13.04.2017 passed by Railway Claims Tribunal, Bangalore Bench, Bangalore, in OA II U 113/2014, thereby, the claim petition was dismissed.
2. It is the case of claimants that on 04.04.2014 the deceased while travelling in the general compartment holding Second Class ticket bearing No.F-41711652 dated 04.04.2014 from Bangarpet Railway Station to K.R.Puram Railway Station, due to over crowd, jerk and jolt the deceased lost balance and fell down from the running train in between KJM Shed and SGWF Panel, sustained fatal injuries and was lying near the track in injured condition and again on the same place, he was also hit by Loco No.13347 at 09.00 a.m. and as such he died on the spot. Upon the information furnished by the Loco pilot the deceased was shifted to the NIMHANS Hospital, Bengaluru, where
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