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HIGH COURT OF MADRAS
S.M.Subramaniam, J
Maleshwari – Appellant
Versus
The Union of India Owning Southern Railway – Respondent
| Table of Content |
|---|
| 1. incident established with reports indicating fault. (Para 2 , 3 , 5 , 6 , 7 , 8) |
| 2. burden of proof lies with railway for passenger's ticket. (Para 4 , 10 , 11) |
| 3. court's ruling against tribunal's claim rejection upheld. (Para 9 , 12) |
| 4. compensation awarded along with directions for payment. (Para 13 , 14) |
JUDGMENT
The judgment dated 30.06.2017 passed by the Railway Claims Tribunal, Chennai Bench in OA (II-U) No.96 of 2016, is under challenge in the present Civil Miscellaneous Appeal.
2. The claimant is the appellant and the claim petition was filed based on the facts as narrated in the claim petition, which read as under:-
“The deceased was working in a Poultry Farm at Chennai. After visiting his house at Virudunagar on 03.09.2014 and to return for his job, he came to Virudunagar Railway Station along with his brother Venkatesh and procured an ordinary ticket for him to travel from Virudunagar Junction to Chennai Egmore in Ticket No.536268746 and travelled in Train No.12662, Pothigai Express while the train came in between Kodai Road – Ambaturai Railway Stations due to high speed, heavy crowd, jerk and jolt of the train, the deceased accidentally fell down from the r
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