UNION OF INDIA Vs. ASHOKBHAI GOVINDBHAI PATNI

JUDGEMENT

(1.) HEARD learned Advocate Mr. K. N. Shastri for appellant and learned Advocate Mr. Mahesh B. Shah for respondent.

(2.) IN this appeal, the appellant-Union of India has challenged award passed by Railway Claims Tribunal, Ahmedabad Bench in Case No. O. A. 0100024, dated 31-8-2007. The Railway Claims Tribunal has awarded Rs. 1,20,000/- with 6% running interest from date of petition till realization of awarded compensation.

(3.) LEARNED Advocate Mr. Shastri has raised contention before this Court that claimant has not made out any case of amount under provisions of Railways act, 1989. He also raised contention before this Court that incident is not covered as an untoward incident as defined in Sec. 123 (c) (2) of the Railways Act, 1989. Learned Advocate Mr. Shastri also submitted it was a negligence on part of claimant and due to that, accident is occurred. For that, railway authority is not responsible at all. He also raised one contention before this Court that in respect to interest, one F. A. No. 4958 of 2007 is admitted by this Court on 25-10-2007 where submission made by learned Advocate Mr. B. I. Mehta that tribunal has committed error in awarding interest from date of application in view of judgment delivered in F. A. No. 24 of 2002 with C. A. No. 70 of 2002 in case between Union of India v. Babulal Gangavat. Therefore, this appeal be also admitted.