UNION OF INDIA Vs. ARUN KUMAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. S.P. Maurya as well as Mr. Shobhit Nigam, advocate holding brief of Mr. K.C. Nigam, learned counsel for the respondent-claimant and perused the record. This first appeal from order under Section 23 of Railway Claims Tribunal Act, 1987 has been filed against the judgment and award dated 1.7.2008 passed by the Railway Claims Tribunal. Lucknow in Claim Case No. O.A. 0300027 whereby compensation to the tune of Rs. 4,00,000 alongwith interest @ 6% from the date of institution of the claim petition till the date of actual payment has been awarded in favour of respondent-claimant and against the appellant.

(2.) Learned counsel for the appellant submits that the learned Tribunal has failed to appreciate that the alleged accident had occurred due to the negligence of the respondent-claimant himself as he had tried to catch the running train and due to his negligence he had fallen from the running train and sustained injuries.

(3.) It is further submitted that the Assistant Station Master in his statement had informed that the claimant had fallen from the train when he had tried to catch the train while it had started moving. A person is not supposed to catch the train while it has started moving and in case, the claimant had sustained injuries while catching a running train he himself is responsible for the accident and the appellant cannot be held liable to pay compensation.