‘Hyper technical reasons not sustainable in the eyes of law’: Karnataka HC awards compensation for minor’s death in 2012 train accident
The Railway Claims Tribunal had dismissed the claim of the victim’s family, saying that while an eight-year-old had died in the accident, different papers mentioned the age as 8 or 20 years.
The court also disagreed with the "hyper-technical" reasoning applied in the earlier decision. (File) The Karnataka High Court on May 2 ordered the payment of compensation for the death of a minor who fell off a train in 2012 in Karnataka, observing that the original dismissal of the claim for technical reasons was not correct.
The order, which was passed by a bench consisting of Justice Hanchate Sanjeevkuma, was made available this week.
The minor and his cousin had purchased a train ticket from Raichur to Yeshwantpur in 2012. After crossing the Dharmavaram station, the deceased fell off the train while washing his hands at a washbasin, sustaining fatal injuries.
The Railway Claims Tribunal had dismissed the claim of the victim’s family members because while an eight-year-old had died in the accident, different papers mentioned the age as 8 or 20 years, raising doubts whether it was the same person. The Tribunal also questioned the discrepancies in the mention of the time of the accident.
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