UNION OF INDIA Vs. VIAY PANDURANG PATIL

JUDGEMENT

(1.) The submissions of the learned advocates appearing for the parties have been heard on the last day. The challenge in this appeal is to the judgment and order dated 13.7.2005 passed by learned members of the Railway Claims Tribunal, Mumbai.

(2.) The case of the respondent is that he accidentally fell down from a train near Dadar Station on 6.7.2003 while he was travelling from Satara to Dadar. It is the case of the respondent that he was holding a valid railway ticket which was lost as a result of the accident. The defence of the appellant is that it was the case of selfinflicted injury. A contention is raised by the learned counsel for the appellant that the respondent is a blind person who was negligently travelling alone by train without accompanied by an escort.

(3.) The Railway Claims Tribunal held that respondent has proved his case and he was a bona fide passenger who suffered serious injuries in an untoward incident within the meaning of section 123 (c) (2) of the Railways Act, 1989 (hereinafter referred to as 'the said Act of 1989'). The result of injury sustained by respondent is amputation of both his legs. There appears to be no dispute between the parties as regards nature of injuries sustained by the respondent. The Tribunal found that the respondent suffered following injuries: