UNION OF INDIA Vs. UNITA

JUDGEMENT

(1.) The appellant/Union of India through Central Railway has filed this appeal under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the judgment and award dated 10/8/2007 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Petition No.95/OA-II/RCT/NGP/2005.

(2.) By the impugned judgment and award, the learned Tribunal has allowed the claim and directed the Railway Department to pay amount of Rs.4,00,000/- to the respondents/claimants within 60 days from the date of receipt of the order, failing which the claimants shall be entitled to recover the said amount with interest @ 6% per annum thereon till final payment with further directions.

(3.) This first appeal was admitted on 25/9/2009 and was waiting for its turn for final hearing. Today, the first appeal is called out for final hearing. I have heard the learned Counsel for the appellant and the learned Counsel for the respondent nos.1 to 3. The learned Counsel for the appellant has submitted that the deceased was not a bona fide passenger and his railway ticket is not produced on record. It is further submitted that when the deceased was standing near the door of toilet and when train was started, he fell down and he himself inflicted injury because of his own act. The Tribunal has not considered this aspect and wrongly allowed the application and granted compensation to the claimants. The first appeal filed by the Railway Department, therefore, be allowed by setting aside the impugned judgment and award.