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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.02.2021 CORAM THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM C.M.A.No.3171 of 2019 1.Parameswari 2.Samikannu ..Appellants Vs. The Union of India owning,...
