UNION OF INDIA Vs. VIKRAM BAHADUR CHAND

JUDGEMENT

(1.) Costs of Rs. 5,000/- imposed upon the appellant on 15.4.2014 are waived.

(2.) This first appeal is filed by the Railways under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 30.9.2011 by which the claim petition filed by the respondent/claimant was allowed.

(3.) The facts of the case are that respondent on 2.3.2010 was to travel from New Delhi to Bangalore by Karnataka Express Train. The appellant for the purposes of journey had purchased a railway ticket. The train was overcrowded and when the train started moving from the New Delhi Railway Station, due to sudden jerk and jolt as well as thrust from the passengers, the respondent lost his balance and fell down from the moving train. Because of the accident, respondent suffered injuries to both his legs which had to be amputated. The respondent was brought to the Lady Hardinge Medical College & Smt. Sucheta Kriplani Hospital, New Delhi for treatment by the police and the matter was reported to police vide DD no. 27A dated 2.3.2010. The claim petition was accordingly filed before the Tribunal.