UNION OF INDIA Vs. MOHD. AMIR KHAN

JUDGEMENT

(1.) Heard Shri Anil Srivastava, the learned Counsel for the appellant and Shri Abdul Moin, the learned Counsel for the respondent.

(2.) This appeal by the Union of India through General Manager, Northern Railway is directed against the judgment and award dated 9th Dec., 1997 passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow awarding a sum of Rs. 1,60,000.00 as compensation with interest at the rate of Rs.12% per annum from the date of award to the respondent for the injuries sustained by him in an untoward incident dated 20th Nov., 1995.

(3.) Respondent Mohd. Amir Khan aged about 16 years who was to travel from Aligarh to Allahabad with his companions S. Shri Kalam Mohd. Jalal, Mohd. Mujih, Miss Zuhara and Shri Sadiq and was having a reservation ticket for sleeper class in Coach No. S-4 of Brahmaputra Mail, 4056 Down, which was running late on the date in question and had reached Aligarh at 11,00 p.m. on 20th Nov., 1995. The coach was full of general passengers and entry inside the coach was almost impossible. When the respondent was entering the compartment, train suddenly moved with a violent jerk without giving any warning or whistle. With the result, the respondent was thrown off the train, with the result, he sustained injuries and his left leg was severed from the body. He was taken to J.N. Medical College, Aligarh for treatment, from where, he was referred to S.M.S. Hospital and Medical College, Jaipur. He spent enormous amount on his treatment. He ultimately filed a claim petition under Sec. 16 of the Railways Claims Tribunal Act, 1987 claiming a sum of Rs. 9,92,370.00 as compensation.