LAWS(GJH)-2008-8-114

UNION OF INDIA Vs. BABUBHAI RAMJIBHAI PARMAR

Decided On August 08, 2008
UNION OF INDIA Appellant
V/S
BABUBHAI RAMJIBHAI PARMAR Respondents

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged judgment and order dated 5th January 1999 of Railway Claims Tribunal, Ahmedabad Bench, passed in O. A. No. 9800065, whereby claim petition filed by the claimant was allowed and railway authority was directed to pay Rs. 4 Lacs as compensation to the claimant within 60 days from the date of the order, failing which 12% interest will accrue in favour of the claimant.

(2.) THE case of the original claimant is as under:

(3.) THAT on 1-10-1998, Shri Babubhai Ramjibhai Parmar, aged 25 years, was travelling with his sister from Baroda to Kathana by 103 Dn passenger train. Two tickets were bought and the applicant was travelling on general second class ticket no. 71010947. After the train left Borsad, there was jerk and as the claimant was standing near the entrance of compartment, he fell down. He came under the wheels of train and both his legs were cut and also received serious injuries in the head. Thereafter, he was taken to SSG Hospital, where he got treatment and ultimately discharged. 100% disability certificate was issued by the hospital and, therefore, he claimed Rs. 4 Lacs as admissible under the Act.