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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
SUHARA AGED 48 YEARS W/O LATE ABOOBAKER V.K. – Appellant
Versus
UNION OF INDIA, THROUGH GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI – Respondent
| Table of Content |
|---|
| 1. establishment of claim for compensation due to railway death incident. (Para 1 , 2 , 3 , 4) |
| 2. court's examination and critique of tribunal findings. (Para 5 , 9) |
| 3. arguments presented regarding the validity of the deceased's ticket. (Para 6 , 8) |
| 4. final ruling confirming appellant's entitlement to compensation. (Para 10 , 11 , 12) |
JUDGMENT
Applicants in O.A.(IIu)/ERS/17/2020 on the files of the Railway Clams Tribunal, Ernakulam Bench have filed this appeal aggrieved by the judgment dated 14.11.2023 by which the application for compensation filed under Section 16 of the Railway Claims Tribunal Act was dismissed.
2. The appellants approached the Tribunal seeking compensation from the respondent for the death of late Mr.Aboobaker.V.K., husband of the 1st appellant and the father of the 2nd appellant. According to the appellants, on 1.9.2019, when the deceased was waiting for train at Aluva Railway Station with a valid ticket, an express train having no stoppage at Aluva station passed through the first platform and hit the deceased resulting in his death. Claiming that the death was an untoward incident, the appellants sought compensation.
3. The respondent Railway r
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