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THE HIGH COURT OF KARNATAKA
MR. HANCHATE SANJEEVKUMAR, J
SMT. VELAMMAL W/O. LATE SUBBAIAH – Appellant
Versus
UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER, SOUTH WESTERN RAILWAY – Respondent
| Table of Content |
|---|
| 1. accident details and circumstances of the deceased's travel. (Para 4) |
| 2. claim dismissed due to lack of eyewitness. (Para 5 , 8) |
| 3. burden of proof on the claimant in railway incidents. (Para 9 , 10 , 11) |
| 4. strict liability principle under railways act. (Para 12) |
| 5. compensation based on past precedence and legislative intent. (Para 13 , 14 , 15) |
| 6. final order and compensation awarded. (Para 16) |
ORAL JUDGMENT
Though the appeal is listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal.
2. This appeal is filed by the appellants/applicants challenging the judgment and award dated 10.10.2017 passed in O.A.II U 100 of 2014, on the file of Railway Claims Tribunal, Bengaluru Bench , thereby, the claim application filed by the appellants/applicants is dismissed.
3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal.
BRIEF FACTS OF THE CASE:
4. It is the case of the appellants/applicants that on 11.03.2014, the deceased, after having valid reserved journey ticket bearing PNR No.812-2095009, was travelling by train No.11021 from Dadar to Ti
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