UNION OF INDIA Vs. GAUTAM ANAND

JUDGEMENT

(1.) This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 5.9.2013 which has allowed the claim petition filed by the respondent and granted to them compensation of Rs.3 lacs alongwith interest @ 6% per annum pendente lite and till 60 days after the disposal of the case and 9% per annum simple after expiry of 60 days from passing of the judgment.

(2.) The facts of the case are that the respondent, and who is a management graduate, was travelling by train no.12618, Mangla Lakshadweep Express in 2AC coach no.A1 berth no.4 from Nizamuddin to Madgaon on a proper ticket with PNR no.2312919919. Respondent had gone for washing his hands near the wash basin when he accidently fell down near Itarsi railway station due to sudden jerk in the train.

(3.) Before the Tribunal, the respondent filed 59 documents which documents were exhibited as AW-01 to AW-59. These documents showed the injuries suffered by the respondent on account of fall from the train, the hospital records as also the identification of the respondent. The appellant though denied in the written statement that the respondent was not a bonafide passenger, however did not state that, the PNR number of the travelling in second AC coach as stated by the respondent herein did not belong to the respondent herein but belonged to someone else. Therefore in my opinion it has to be held that the respondent was indubitably a bonafide passenger.