UNION OF INDIA Vs. PURSHOTTAMBHAI SHIVABHAI PRAJAPATI

JUDGEMENT

(1.) Present First Appeal is filed against the judgment and order passed in Claim Application No.9800074 by the Railway Claim Tribunal, Ahmedabad Bench dated 08.03.1999 on the ground stated in the appeal.

(2.) Heard learned advocate Shri Ravi Karnavat for the appellant and learned advocate Shri P J Mehta for the respondents.

(3.) Learned advocate Shri Karnavat referred to the papers and tried to submit that the Tribunal erred in deciding the application without giving sufficient time to the appellant for producing the evidence though the appellant had asked for time to produce necessary witness and evidence. Learned advocate Shri Karnavat also submitted that the alleged incident is not an "Untoward Incident" as defined in Section 123 (C)(2) of the Railways Act. He referred to the background of the facts and submitted that the deceased was standing at the entrace of the door of the coach and he fell down due to his own negligence from the train, and therefore, he is not entitled to claim any damage or compensation. Learned advocate Shri Karnavat has also submitted that the order is passed on the basis of presumption and assumption. He pointedly referred to Section 123 of the Railways Act in support of his contentions.