UNION OF INDIA Vs. SARITA ALIAS SHANTI DEVI

JUDGEMENT

(1.) Heard Mr. Anil Srivastava, the learned counsel for the appellant and Mr. Ravindra Pratap Singh and Mr. P.P. Singh the learned counsel for the respondent.

(2.) This appeal filed under section 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment and award dated 6.1.2005, passed by the Railway Claims Tribunal, Lucknow awarding compensation to the respondent to the tune of Rs. 4,00,000 for the injuries sustained by her in an untoward incident dated 23.4.2003.

(3.) Sarita, the respondent was travelling by train 2TC passenger on 23.4.2003 from Balrai to Etawah with a valid journey ticket, which she had allegedly purchased from Railway Station, Balrai. She was' thrown off the train on account of heavy rush of passengers, with the result, she became unconscious and in the meantime goods train passed from that very railway track, which amputated both her legs and three fingers of left hand. She was removed from railway line by G.R.P. personnel, who hospitalised her in District Hospital, Etawah, where she was medically treated. She filed claim petition under section 16 of the Railway Claims Tribunal Act, 1987 which was contested by appellant railway administration on the ground that she did not fall from the train and her case was not covered by sections 123 (c) (2) and 124-A of the Railways Act.