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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V. Thamilselvi, J
T. Yuvaraj – Appellant
Versus
The Union of India Through General Manager, Southern Railway, Chennai 3. – Respondent
| Table of Content |
|---|
| 1. injury sustained during train travel classified based on passenger status. (Para 3 , 4) |
| 2. arguments presented regarding compensation entitlement and passenger status. (Para 5 , 6) |
| 3. court's evaluation of evidence regarding accident's nature. (Para 7) |
| 4. final ruling allowing the appeal and compensation approval. (Para 8) |
CMA No. 1663 of 2023 For Appellant(s): T.C.Sajith Babu For Respondent(s): C.Samivel JUDGEMENT This Civil Miscellaneous appeal has been filed to set aside the order passed in RES. 1/2020 in IA. 17/2012 dated 23.07.2021 on the file of the Railway Claims Tribunal, Chennai.
2. The brief facts of the case:
On 17.07.2007, the injured was travelling from Trichy to Kumbakonam and he boarded Trichy – Tiruvarur passenger train and had to change train from Thanjavur. While travelling in the said train near the door, the door suddenly closed in a jerk and knocked him out of the train near Bhudalur, making him unconscious and severely injured in the head, left elbow and left knee. He was in coma for almost 35 days and could not speak for almost a year. Hence, he filed the application under Section 16 of the Railway Claim Tribunal Act, 1987 r/w Section 123(c)(2),
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