IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 MFA.No. 14 of 2009() -------------------- AGAINST THE ORDER DATED 30/07/2008 IN OA.OAU/ERS/2007/0021 ON THE FILE OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/RESPONDENT: ---------------------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY , CHENNAI, BY ADV. SMT.A.RAJESWARI, SC, RAILWAYS RESPONDENT/APPLICANT: ---------------------------- RADHAKRISHNAN NAIR, S/O. THANKAPPAN NAIR SREE RADHAM CHENNATTUKONAM, PEYAD P.O., THIRUVANANTHAPURAM. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K. ABDUL REHIM JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. No. 14 OF 2009 and C.M. Appl. No. 215 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2009 JUDGMENT RAMACHANDRAN NAIR,J Delayed appeal is filed against compensation awarded by the Railway Accidents Claims Tribunal, granting a compensation of Rs.2,00,000/- to the respondent for the injuries sustained by him which involved amputation of his leg. Even though the case of the appellant is that accident occurred while the respondent was crossing the railway line, the finding of the Claims Tribunal is that the accident occurred to the respondent on account of a fall from the train and he was a passenger. We do not find any evidence in support of the railway's case. In the circumstances, We do not think, we should issue notice to the respondent. The delay condonation petition as well as the appeal are dismissed. C.N.RAMACHANDRAN NAIR, JUDGE C.K. ABDUL REHIM, JUDGE ttb