UNION OF INDIA Vs. GULAM DASTGIR

JUDGEMENT

(1.) The appellant-Railways have challenged judgment and award dated 20-12-2002 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No. 15/OA-II/RCT/NGP/2002 by which the Tribunal made an award directing payment of compensation of Rs. 4,00,000/- to the respondents-claimants.

(2.) In support of the appeal filed by the appellant-railways, Mr. Lambat, learned Counsel for the appellant made following submissions :

(3.) Per contra, learned Counsel for the respondents-claimants opposed the appeal and argued that the finding recorded by the Tribunal about untoward incident is a finding of fact based on evidence. The Tribunal has found that the deceased was bona fide passenger on 19-9-2001 in train No. 592 - Mudkhed-Manmad Passenger as is clear from the evidence of AW-2 Vitthal who had lodged the complaint to the police whereupon the deceased was taken to the hospital. The documents filed on record were never disputed by the appellant- railways which are their own documents and now it cannot lie in their mouth that they were not proved. He, therefore, prayed for dismissal of the appeal.