R S KELUSKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this petition, Mr. R. S. Keluskar, who is an advocate practising in the Railway Claims Tribunal at Mumbai, filed a claim application before that Tribunal on behalf of one Mr. Jayesh Sharad Bhavsar. This claim application was contested on behalf of the Railway. It was stated in the claim application that the claimant had fallen down from the local train and fingers of his right leg came below the wheel of the local train resulting in permanent partial disablement. In these circumstances he claimed the compensation of Rs.5,00,000/-.Areplywasfiledwhereinitwasstated thattheaccident in question was not an untoward incident within the meaning of Section 123(c) of the Railways Act, 1989 as he had trespassed on the track and not fallen from the train. It was further stated that the applicant is put to strict proof thereof.

(2.) This claim application was dismissed by the Tribunal vide its order dated 6th February, 2006, which reads as under:

(3.) The petitioner has filed this petition in his own capacity without signature of the Claimant or appropriate authority to him to file the present petition, claiming the following reliefs :