UNION OF INDIA Vs. RAMIBEN KACHARABHAI PARMAR

JUDGEMENT

(1.) Mr. Mahesh Bariya, learned advocate for the appellant has made the following two submissions:-

(2.) In the present case, the accident had taken place on 11.11.1986. Injured Ramiben was travelling from Kalol to Ahmedabad in the Train known as '31 UP Train'. As the train approached near Ahmedabad, speed of the train was considerably reduced on account of railway signal at Asarwa. The carriage in which Ramiben was travelling was full of passengers (over crowded). As the train was slowed down, passengers standing nearby the door rushed rushed towards the door and in the process, Ramiben, who was standing nearby the door, fell down from the train and sustained serious injuries. After she was fell down, one of the passengers had pulled chain of the train. Ramiben was shifted to Civil Hospital where she lodged complaint against Railway authorities. She had sustained amputation injuries. Her leg was required to be amputated.

(3.) Later on Ramiben instituted Civil Suit No. 6569/1988 against railway claiming compensation of Rs. 1 Lac before the City Civil Court, Ahmedabad. The learned Judge, City Civil Court No.13 was pleased to decree the Suit partly by judgment and order dated 24.4.2001. Being aggrieved by the said judgment and decree, the railway authorities have preferred the present appeal.