UNION OF INDIA Vs. KURANG RAJUBHAI NAIK

JUDGEMENT

(1.) The present appeal is directed against the judgment and award dated 30.11.2016 passed by the learned Railway Claims Tribunal, Ahmedabad Bench, Ahmedabad in Case No. OAIIU/ADI/2015/0191 dated 30.11.2016.

(2.) The present first appeal is being represented by learned advocate Ms. Archana Amin appearing for the appellant and learned advocate Mr. Rathin Raval appearing for the respondentclaimant. Both the learned advocates have requested the Court to take up this appeal for final hearing on admission board as the issues are substantially covered, as a result of which, the paper book consisting of relevant papers have been allowed to be placed on record by learned advocate Ms. Amin and the appeal has been taken up for final hearing.

(3.) The case in brief is that the respondent - original claimant has submitted an application under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 124A and Section 125 of the Railways Act, 1989 for seeking payment of compensation for the injuries which have been sustained by the claimant due to untoward incident. It is the case of the claimant that on 05.05.2015, when the claimant was going from Bhilad to Valsad along with his friends by Train No. 59039 down Valsad Passenger with valid ticket bearing no. D 24342202/03 for two persons. On account of heavy rush in the train, there was no alternative left to the applicant, but to stand near the door of the boogie. When the said train started from Bhilad railway station without any further indication and on account of sudden jerk and on account of pressure from the passenger rush, the claimant fell down from the running train wherein, both the legs were seriously injured and were required to be amputated from the body which has resulted in a serious damage to the claimant. As a result of which, an application was submitted under Section 16 of the Railway Claims Tribunal Act for claiming compensation amount to the extent of Rs.4 lakhs as injuries have been sustained on account of such untoward accident.