UNION OF INDIA Vs. SHAIKH CHAND PASHA

JUDGEMENT

(1.) This appeal is preferred against the Judgment and Award dated 21st September, 2010 delivered by Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.1/OAII/RCT/NGP/2009 whereby the Member (Judicial) of the Tribunal was pleased to allow the Claim Application and granted compensation in the sum of Rs.3,20,000/ with interest payable thereof @ 6 % p.a. from the date of application till the date of realisation.

(2.) The facts, briefly stated, are as under :

(3.) I have considered the submissions advanced on behalf of the appellant. In the light of evidence led on record as also the record and proceedings, it is unfortunate that the claim applicant had suffered grievous injury to his right hand resulting in amputation of his right hand as also loss of two fingers of left hand. The proceedings would indicate that the claim applicant had relied upon his evidence permitted on affidavit, railway ticket which he had taken for journey from Nanded to Navi Peth on the day of incident and police papers such as spot panchanama, statements recorded by the Railway Police as also medical papers such as Disability Certificate, which was assessed at 50 % by the Civil Surgeon and Medical Board, Shri Guru Govind Singh Memorial hospital, Nanded as also the Certificate issued by Dr. Vijay Chinchani, Vijay Orthopeadic hospital regarding amputation from 4 1/2 inch below tip of otecranon on right side and loss of index as well as middle finger of left hand by the claimant. According to the claimant, he had informed Railway employee as well as police about occurrence of incident. On behalf of the claimant one witness Mr. Y. Sanayas Naidu, Booking Clerk from Nanded Railway Station was also examined, who proved that the ticket was issued by him, with which he was confronted and it was valid till 12.00 hours of midnight. The contention that the Railway Administration disputed validity of the Railway ticket is unfounded as the Booking clerk himself examined in the case deposed about issuance of ticket by him, although he contended that the ticket issued by him is not valid. He admitted that he had sold railway ticket Exh.A.W.1/1 and also admitted that there was no specific mention on the ticket Exh.A.W.1/1 that it was for train no.564 only. Under these circumstances, within the meaning of Section 123(c)(2) of the Indian Railways Act, accidentally falling of any passenger from the train carrying passengers is covered within the definition of "untoward incident". Railway Administration is under obligation to plead and prove the exception if it intends to take benefit or shelter under exception provided for in Section 124A of the Indian Railways Act. Such a plea must be made in reply to the Claim application and specific evidence ought to be led to defeat the Claim application. Otherwise the Railway Administration cannot escape from its statutory liability of payment of compensation as per the Schedule of Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. Perusal of the Schedule would indicate that for amputation from 41/2 inches below tip of otecranon or for loss of hand or thumb and four fingers of one hand, compensation provided for is in the sum of Rs.2,40,000/ while compensation in the sum of Rs.80,000/ is provided for loss of two fingers of one hand. Cumulatively for injuries suffered in the present case, the Railway Tribunal was well within its jurisdiction to grant compensation in the sum of Rs.3,20,000/ as also simple interest @ 6 % p.a. from the date of application till realisation of the amount.