ASHUTOSH DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 987 (in short the Act) against the judgment and order dated 18-12-1998 passed by Railway Claims Tribunal, Lucknow Bench, Lucknow in Claim Petition No. OA 9700057. The tribunal had declined to grant any compensation to the appellant on the ground that the appellant has failed to lead cogent and trustworthy evidence to prove that he suffered injurious on account of untoward incident.

(2.) IN brief, the facts as emerge from the argument advanced by the learn counsel for the parties, are that the appellant is a Monthly Seasonal Ticket (in short MST) holder and was pursuing his studies in I.T.I. Barabanki. He is resident of Lucknow. The appellant possessed MST No. 1165969 to travel in second class. On 30-11-1996, the appellant had gone to Barabanki from Lucknow to attend his classes. In the evening of the fateful day i.e. 30-11-1996 he had boarded the train No. 5207 Up.-Barauni-Amritsar Express after pursuing his studies. After boarding the train he has come to know that the compartment in which he has entered, is occupied by army personnel. The appellant made a request to army personnel that he be permitted to travel in the same compartment up to the next station because he was not aware that the compartment was reserved. However, it has been alleged by the appellant that he was thrown out by the army personnel and in consequence thereof he suffered grievous injuries and admitted to hospital. When the appellant was thrown out by the army personnel, both the legs were amputated just below the knee. On account of the consequential injuries caused by throwing out, his one leg was amputated, just below the knee and the other leg from the juncture of toe and leg fingers.

(3.) THE Tribunal had disbelieved the appellant's claim on the ground that H.C. Sahu failed to establish that he was an eye witness and he had seen the action of army personnel. However, the Tribunal also relied upon the affidavit filed by the respondent and proceed to record a finding that appellant has failed to establish the manner of the incident on the fateful day. The observation made by the Tribunal is reproduced as under :