UNION OF INDIA Vs. SATYAVIR SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 23 of the Railways Claim Tribunal Act, 1993 for setting aside the order dated 13.08.2007 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as "the Tribunal"), whereby the learned Tribunal has awarded a compensation of ' 3,60,000/- along with interest @ 9% p.a. from the date of the order till the date of the actual payment to the respondent under Section 124 A of the Railways Act, 1989.

(2.) THE facts relevant for the appraisal of this Court are that the respondent herein filed a claim petition under Section 16 of the Railway Claims Tribunal Act against the appellant for payment of compensation of an amount of ' 4,00,000/- under Section 124 A of the Railways Act for the injuries alleged to have been sustained by him in an untoward accident which occurred on 14.09.2004 at Sahibabad Railway Station involving the train GDNI-EMU. THE case of the respondent before the learned Tribunal was that the respondent boarded the train GDNI-EMU from Sahibabad Railway Station for his journey to Delhi and as the train started with a jerk/jolt he fell down from the moving train at the Sahibabad Railway Station itself and due to which he received multiple grievous injuries as a result of which his right arm was badly crushed. THEreafter, he was removed to N. M. Hospital, Ghaziabad from where he was further taken to Military Base Hospital at Delhi Cantt. Further, during the treatment, his right arm from the shoulder joint was amputated.

(3.) THE Tribunal on the basis of the pleadings of the parties framed the following issues:-