SHANMUGHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P. V. Surendranath for the appellant and Mr. M. C. Cherian for the respondent.

(2.) This appeal by the claimant is directed against the judgment dated 25.4.1996 in O.A. No. 1/1994 on the file of the Railway Claims Tribunal, Ernakulam Bench. The appellant filed the above O.A. claiming compensation of Rs. 60,000/- from the respondent for the injuries sustained by him out of the accident occurred by him on 22.12.1992. On that day he was travelling by the Trivandrum - Mangalapuram Parasuram Express. He was in the nearest compartment to the Engine and due to the impact and force of the collision, he was forcibly thrown away from the seat and got jam packed under another seat and sustained injuries on his body, especially on his head and legs. The main injury was on the right side of the head just above the ear. From the accident spot, he was taken to the Kayamkulam Hospital in a taxi and from there to the Government Hospital, Mavelikkara, where he was treated as an inpatient for 11 days. From there, he was referred to the Trivandrum Medical College. The Neurosurgeon attached to the Medical College Hospital, Trivandrum examined and treated him at the request of the Medical Officer of Government Hospital, Alapuzha. It is the case of the appellant that due to the accident the hearing capacity of the right ear has been affected and there is discharge from the right ear. The internal injury of the ear did not heal. The sight of the right eye has also been affected. He continued treatment in the Medical College Hospital, Alapuzha after the discharge from the Medical College Hospital, Trivandrum. There is perforation of the tympanic membrane of the right ear. The Associate Professor, Medical College Hospital, Alapuzha has noted that there is a small arterior central perforation of the right tympanic membrane with mucopurulent discharge. According to the appellant, he had undergone treatment at several hospitals, viz., Government Hospital, Mavelikkara, E.S.I. Hospital, Mavelikkara, Medical College Hospital, Trivandrum, and Medical College Hospital, Alapuzha. Even now there is occasional discharge from the right ear and, therefore, he is not able to attend his duty and lead a normal life, as he could before the accident. He has suffered excruciating pain and the pain and suffering undergone by him are inexplicable.

(3.) The Railway Administration contested the matter by filing a reply statement. According to them, the appellant is not entitled to any amount by way of compensation and that the amount claimed is highly excessive, exaggerated and disproportionate to the alleged injuries. It also denies that the applicant was a bona fide passenger.