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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
DEVASANKAR N.I – Appellant
Versus
THE UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. injury occurring while traveling by train. (Para 1 , 2) |
| 2. compensation determined by tribunal's findings. (Para 3) |
| 3. inadequate compensation and interest entitlements established. (Para 6 , 7 , 8) |
| 4. final ruling allows increased compensation and sets deposit timeline. (Para 9) |
JUDGMENT
Appellant is the complainant in O.A No.19 of 2017 of the Railway Claims Tribunal, Ernakulam Bench. The O.A was filed for compensation for injury sustained by him in an accident occurred on 08.04.2010. The appellant was traveling by Train No.16346 from Kozhikode to Vadakara. There was rush in the compartment and he was compelled to stand near the door. He accidentally fell down from the train and sustained severe injuries.
2. The respondent Railway denied the case of the appellant by filing written statement before the Tribunal. It was contended by the Railway that the appellant met with the accident on account of his own negligence and carelessness.
3. The Tribunal settled three issues for determination. Ultimately, the tribunal concluded that the appellant sustained injuries in an untoward incident. It was found that he was entitled for compensation. The injuries sustained by the app
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