The Union Of India Owning v. P.Natarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2015

CORAM

THE HON'BLE MS. JUSTICE K.B.K.VASUKI C.M.A.No.1585 of 2015 and M.P.No.1 of 2015 The Union of India owning Southern Railway rep by its General Manager, Chennai - 600 003.

...Appellant Vs.

1.P.Natarajan 2.N.Annapillai

...Respondents

Civil Miscellaneous Appeal filed under section 23 of the Railway Claims Tribunal Act 54 of 1987 against the order made in O.A.No.355 of 2013 on the file of the Railway Claims Tribunal, Chennai, dated 26.03.2015.

For Appellant : Mrs.V.Bhavani Subbaroyan

J U D G M E N T

The appeal is filed by the Southern Railway against the award of compensation of Rs.4,00,000/- for the fatal accident resulting in the death of one Kanchivanam.

2.Though the Southern Railway has, in this appeal, questioned the correctness of the award mainly by contending that the deceased, while travelling in the train, in the course of which the accident occurred, was in a drunken stage and he fell down from the train only in the same state, as such, no liability can be fastened on the Railways for any compensation, there is absolutely no evidence adduced in support of the contention so raised herein. It is not supported by the postmortem report also. In the absence of any proof, the contention lacks bona fide and is unacceptable and no other valid ground is made out to interfere with the award passed by the Tribunal and the Civil Miscellaneous Appeal is hence not liable to be entertained.

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3.Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar va To The Railway Claims Tribunal, Chennai.

1 cc to Mrs. V. Bhavani Subbarayan, Advocate, sr. 40029 C.M.A.No.1585 of 2015 and M.P.No.1 of 2015 SVI (CO) kk 9/9 https://hcservices.ecourts.gov.in/hcservices/