UNION OF INDIA Vs. CHAUHAN SONAL HIMANSHU

JUDGEMENT

(1.) Heard Mr. Harsheel D. Shukla, learned advocate for the appellant - Union.

(2.) The present appeal is filed under Sec. 23 of the Railway Claim Tribunals Act, 1987 challenging the judgment and award dtd. 31/12/2024 passed by the Railway Claims Tribunal, Ahmedabad Bench, whereby the claim petition preferred by the present respondent - original claimant under Sec. 16 of the Railway Claim Tribunal Act, 1987 read with Sec. 124(A), 125 and 123(c)(2) of the Railways Act, 1989 came to be partly allowed. By the said impugned judgment and award, the Tribunal has awarded compensation of Rs.4,80,000.00 to the respondent to be realized from the appellant railway. The Tribunal has also awarded simple interest @ 9% per annum from the date of the incident i.e. 27/5/2024 till the date of the impugned award. The Tribunal has further directed that in case if the appellant railway fails to deposit the aforesaid amount within a period of 30 days from the date of the award, then the awarded sum shall carry further simple interest @ 9% per annum from the date of incident till the date of realization.

(3.) Mr. Shukla, learned advocate for the appellant - Union has assailed the judgment and award by inviting my attention to the findings and reasons assigned by the Tribunal while deciding the issue as to whether the injured meet with an untoward incident due to fall from the running train and therefore would fall in the category of 'untoward incident' as provided in Sec. 123(c)(2) of the Railways Act, 1989.