UNION OF INDIA Vs. AGGALA DILLESWARA RAO

JUDGEMENT

(1.) Aggrieved by the order of the Railway Claims Tribunal, Secunderabad Bench, in O.A.A. No.60 of 1998 dated 10-11 -1998, the Union of India represented by its General Manager, South Central Railway, Secunderabad, filed this appeal under Section 23 of the Railway Claims Tribunal Act, 1987.

(2.) Respondent herein is the claimant who filed the said claim application on the file of the Railway Claims Tribunal. The parties herein are referred to as they are arrayed in the said claim application.

(3.) It is the case of the applicant that on 3-6-1993 with a view to go to Secunderabad from Palasa, for contract coolie work, he along with his mother and other members went to Palasa Railway Station, which is nearest to their native village, Ganguvada and purchased tickets. All of them boarded the train No.2119 Bhubaneshwar- Secunderabad Konark Express in a general compartment. As there was heavy rush, the applicant and his mother was standing in the compartment near the door holding the edge of shelf meant for luggage. Meanwhile, the train started with a jerk and due to that impact, he was thrown out of the compartment and fell down between the compartment and the edge of the platform, as a result of which his both hands were crushed, cut and separated by the moving train and he went unconscious due to heavy bleeding. Immediately, the applicant was shifted to Government Hospital, Palasa by Railway Police and from there he was shifted to S.K.C.G. Medical College, Berhampur for better treatment and subsequently he was treated by the Government Hospital, Srikakulam. He submits that the nature of the injuries sustained by him is traumatic amputation of both hands up to elbow and thereby he sustained permanent disability. Accordingly, he claimed Rs.2,00,000/- towards compensation.