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THE HIGH COURT OF KARNATAKA
HANCHATE SANJEEVKUMAR, J
SMT. H.O.RATHNA W/O LATE K.C. MAHESH – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. claimants' travel details and incident context. (Para 1 , 2 , 4) |
| 2. tribunal's dismissal rationale questioned. (Para 3 , 5) |
| 3. judicial precedent on burden of proof established. (Para 6 , 7) |
| 4. strict liability principle applicable in railway claims. (Para 8 , 9) |
| 5. compensation awarded and guidelines provided. (Para 11 , 14) |
ORAL JUDGMENT
The present appeal is filed by the claimants questioning the order dated 16.08.2017 passed in OA II U 138/2012 by the Railway Claims Tribunal, Bengaluru Bench (hereinafter referred to as ‘the Tribunal’ for short) whereby, the claim petition filed by the claimants was dismissed.
2. It is the case of the claimants that on 03.11.2011, the deceased was traveling from Tiptur Town to Kardi by passenger (night) train with a general journey ticket No.D-99693297. Due to heavy crowd passengers, the deceased lost his balance while getting gown from the train at Karadi Railway Station, sustained grievous injuries and died on the spot.
3. The claim petition filed by the claimants was dismissed by the Tribunal on the reason that the body was found with the head separated from the body. Only on this ground, the Tribunal has arrived at a finding that
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