DHANALAKSHMI W/O. C. UDDANDI Vs. UNION OF INDIA (UOI) REPRESENTED BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAY

JUDGEMENT

(1.) CLAIMANT in O.A. No. 49/2007 on the file of Railway Claims Tribunal, Bangalore Bench, has come up in this appeal challenging the judgment dated 23.09.2008 passed therein.

(2.) BRIEF facts leading to this appeal are as under: Appellant herein, claimant before the Tribunal stated that on 21.01.2007 she came to Bangalore City Railway Station to catch Train No. 213, Tirupathi Express. At that time while she was trying to cross the track to reach other side to get the said Train bearing No. 271 Salem Express which was coming in reverse direction without any signal or caution on platform No. 5 dashed against her causing amputation of her both legs. Hence the Claim Petition was filed by her seeking compensation in a sum of Rs. 7,00,000/ - for the amputation of both her legs.

(3.) HEARD the counsel for Appellant as well as Respondent - railways. On going through the grounds of appeal and as well as the findings of Tribunal, it is clearly seen that Appellant entered Bangalore City Railway Station on 21.01.2007 to catch Train No. 213, Tirupathi Express to reach Tirupathi. It is not in dispute that though sufficient facilities are provided by the Railways for the passengers to move from one platform to another platform either by using over -bridge or underground sub -way in a safe and careful manner without exposing themselves to the risk of their life and limb. Appellant in gross violation of all safety measures provided by Railways has tried to cross the platform. While doing so and in the process of crossing platform No. 5, she has crossed the same over the track without observing on coming train, i.e., Train No. 271 Salem Express, which was being shunted at the relevant time attaching the same to the engine of the said train.