UNION OF INDIA Vs. SHAIK FAREED BASHA

JUDGEMENT

(1.) This appeal, under Section 23 of the Railway Claims Tribunal Act 1987, is preferred against the order, dated 16-2-2006, passed by the Railway Claims Tribunal, Secunderabad Bench, in O.A.A. No.333 of 1999.

(2.) The respondent filed the claim before the Tribunal, stating that he has fallen down from Train No. 123, Rapalle-Guntur Passenger on 29-11 -1999, at Tenali Railway Station, and that his legs have come under the wheels of the train. It was alleged that the legs were cut and separated, and later on, he was shifted to Government Hospital, Guntur, by the Railway Police for treatment. He claimed compensation stating that he sustained injuries in an untoward incident.

(3.) The appellant opposed the claim, disputing the very incident, as well as the fall of the respondent from the train. Doubt was expressed, as to the identity of the passenger. It was also alleged that even otherwise, the accident has taken place, on account of the negligence of the respondent, and it cannot be attributed to any untoward incident. Oral and documentary evidence was adduced before the Tribunal. Through an order dated 6-1 -2006, the Judicial member took the view thatthe respondent sustained injuries, resulting in amputation of legs in an untoward incident, and awarded a sum of Rs.4,00,000/- as compensation, as per item 3 of Part II of Schedule to the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. The Technical Member, however, took a different view. He held that the respondent is not entitled for any compensation, since no ticket was recovered from him, and that the name in the hospital records is different from that of the respondent. In accordance with the relevant procedure, the matter was referred to the Chairman of the Tribunal. Through the order dated 16-2-2006, the Chairman agreed with the Judicial Member.