UNION OF INDIA Vs. PUTTAN BIHARI LAL SHUKLA

JUDGEMENT

(1.) This F.A.F.O. has been preferred under Section 82-A of the Indian Railways Act, 1890 [Section 124 of Railways Act 1989] against the judgment and order dated 20.4.1993 passed by Railway Claims Tribunal, Lucknow Bench, Lucknow, in Claim Application No. OA II/103 of 1992 allowing the application in part and awarding a sum of Rs. 75,000 as compensation for the injuries sustained by claimant/respondent.

(2.) The respondent moved an application before the Railway Claims Tribunal under Section 124 of the Railways Act for the compensation in respect of injuries sustained by him in an accident of Kanya-kubj Express on 8.3.91 between Mandhna and Chaubeypur Railway Stations.

(3.) The facts giving rise to the application out of which this appeal arose, briefly narrated are that on 8.3.1991 the respondent was travelling by Kanyakubj Express on monthly season ticket No. 13132 dated 6.3.1991 valid up to 5.4.1991. When the above train reached between Mandhna and Chaubeypur Railway Stations it was involved in an accident and collided with a tractor-trolley. In the said accident the respondent sustained serious injuries to thumb and fingers of his left hand. Due to above injuries his right thumb had to be amputated. The appellant Union of India filed written reply. However, it admitted the accident and sustaining injuries by respondent in the said accident. It contested the claim on the ground that the respondent was not a bona fide passenger because the monthly season ticket on which he was travelling was not valid as it was issued in the name of 'Puttan Bihari Lal' while the respondent also used his surname as 'Shukla' and the respondent had not put his signature on the said ticket.