The Union Of India Owning v. Noorunisa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI The Union Of India Owning Southern Railway Rep By Its General Manger Chennai- 3.

Appellant Vs

1. Noorunisa 2.K.S. Mohamed Ali 3.Sunamia 4.The Asst Registrar Railway Claims Tribunal Chennai Bench Fresh Ford No 50 Mc Nichols Road Chetpet Chennai- 31.

Respondents PRAYER:- Civil Miscellaneous Appeal filed under Sec.23 of Railway Claims Tribunal Act, 54 of 1987, praying to call for records culminating in the order 1/5

dated 25.05.2009 passed in O.A.No.105 of 2006 delivered on 05.06.2009 by the Railway Claims Tribunal, Chennai Bench and set aside the same. For Appellant(s):

Mr.M.Vijay Anand For Respondent(s):

Mr.T.Raja Mohan For R1

JUDGMENT

Challenging the impugned award passed by the Railway Claims Tribunal in O.A.No.105 of 2006 dated 05.06.2009, the appellant/respondent Railway Board had preferred this Civil Miscellaneous Appeal.

2. Today, when the matter taken up for hearing, the learned counsel for appellant would argue that the deceased had not possessed valid ticket on the date of alleged accident, without which, the respondents/claimants are not entitled to seek any compensation.

3. By way of reply, the learned counsel for 1 st respondent clarified that on the date of incident, the deceased fell down from the running train and died. So, the deceased died while travelling in the train. Hence, the Railway Claims Tribunal had rightly awarded compensation, which needs no interference. He would also submit that already the entire award amount was deposited by the 2/5

appellant, from which, this court already permitted the 1 st respondent to withdraw part of the award amount. Hence, now she may be permitted to withdraw the remaining balance amount.

4. Heard both sides.

5. As per the evidence of P.W.1, son of deceased stated his father had travelled from Gudiyatham to Katpadi for his business purpose on the date of incident. Admittedly, the deceased travelled in the train and fell down as per Divisional Railway Manager's report. Therefore, the Railway Claims Tribunal has rightly fixed the compensation, which needs no interference. Hence, this Appeal is liable to be dismissed. Accordingly, this Civil Miscellaneous Appeal is dismissed as no merit. However, the 1 st respondent is permitted to withdraw the remaining balance amount within a period of two weeks from the date of receipt of copy of this judgment. No costs.

24-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp 3/5

To 1.The Asst Registrar Railway Claims Tribunal Chennai Bench 'Fresh Ford', No 50 Mc Nichols Road Chetpet Chennai- 31.

2. Section Officer, VR Section, Madras High Court. 4/5

T.V.THAMILSELVI J.

rpp 24-07-2025 5/5