UNION OF INDIA Vs. RAM SEVAK

JUDGEMENT

(1.) This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal which has allowed the claim petition filed by the respondent/claimant, for the grievous injuries causing amputation of both his legs, suffered on 3.8.2009, while travelling from Shamli to Saharanpur in a passenger train.

(2.) Railway Claims Tribunal holds that the respondent was a bonafide passenger inasmuch as the ticket was placed on record as Ex.A2. The Tribunal has reckoned as minor the difference in timings of the train having started from Shamli at 6.00 P.M as claimed by respondent but ticket having been purchased at 7.40 PM and which finding, in my opinion, is also justified because certain contradictions in the train timings cannot take away the factum that there was an 'untoward incident' causing amputation of both legs of respondent/claimant especially because the so called admission in cross-examination of respondent stating the timing of 6.PM can also be an approx timing. The Railway Claims Tribunal has held that the DD entry which is filed on record in this case as Ex.AW1/3 shows that the applicant fell down from the train and therefore it cannot be held that the applicant was run over, when taken with the fact that no evidence was placed on record by the appellant herein to show that the respondent/applicant was run over while trespassing. Therefore, holding the respondent/claimant to be a bonafide passenger who has suffered grievous injuries in an untoward incident of falling from the train on 3.8.2009 resulting in amputation of both his legs, the statutory compensation of Rs.4 lacs was granted.

(3.) Before me, counsel for the appellant argued the following aspects:-