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Reducing sentence 498 a case #THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.333 of 2014. 20.However, considering the facts and circumstances of the case I am inclined to modify the sentence of imprisonment alone imposed on the petitioner/accused by reducing it as six months imprisonment from that of one year.
by Sekar Reporter · Published December 10, 2021
THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM C.M.A.No.3171 of 2019—As far as the present case is concerned, the factum regarding the accident was established. It was admitted that the deceased was a bonafide passenger, possessing a valid season ticket and sustained injury by hit in a lamppost. However, the Railway Authorities could not able to establish that he was peeping his head outside the doors on account of over-crowd or an account of an intention with voluntary inflictment or injury or death. This being the factum established, the order of the Tribunal is infirm and perverse and accordingly the order dated 22.07.2016 passed in O.A.No.8 of 2016 is set aside and the Civil Miscellaneous Appeal in C.M.A.No.3171 of 2019 stands allowed. 29. The respondent / Railways is directed to deposit the compensation amount of Rs.8,00,000/-(Rupees Eight Lakhs only) along with the accrued interest at the rate of 6% per annum before the Railway Tribunal concerned within a period of 12 weeks from the date of receipt of a copy of this judgment and on such deposit, the appellants are permitted to withdraw each 50% of the award amount with accrued interest by filing an appropriate application before the Tribunal and the payments are to be made through RTGS. No costs.
by Sekar Reporter · Published March 5, 2021
by Sekar Reporter · Published August 15, 2022