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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI-3 – Appellant
Versus
SMT.RACHEL RAJU W/O.(L) RAJU V. CHACKO, SHALOM VILLA, PONAD PALA, KERALA – Respondent
| Table of Content |
|---|
| 1. facts regarding the passenger's journey and subsequent death. (Para 1 , 2 , 3) |
| 2. arguments surrounding the validity of the claim for compensation. (Para 4 , 5 , 6) |
| 3. court's conclusion regarding the passenger's status. (Para 7) |
JUDGMENT
Challenge in this appeal is against the judgment dated
12.08.2009 in O.A.No.OA(IIu)No.37 of 2008 of the Railway Claims Tribunal, Ernakulam Bench. Respondent filed the O.A. seeking compensation for the death of her husband who died as a result of injuries sustained in an untoward incident occurred on 08.09.2007 near Kumaranallur while he was travelling from Ernakulam to Kottayam. The deceased was admitted in the Medical College Hospital, Kottayam on 08.09.2007 and he passed away on 15.11.2007 while undergoing treatment. The respondent produced ticket issued on 08.09.2007 at 8.51 a.m. from Ernakulam South Railway Station for travelling from Ernakulam Junction to Kottayam recovered from the deceased, the Death Certificate, the Postmortem Certificate and the FIR and Final Report in Crime No.691 of 2007 of Gandhi Nagar Police Station, Kottayam before the Tribunal.
2. The appellant resisted the claim. According to the appellant the deceas
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