UNION OF INDIA Vs. MULKO BAI

JUDGEMENT

(1.) Union of India has filed the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987, aggrieved by award dated 24-3-1999 passed by the Railway Claims Tribunal, Bhopal in O.A. No. 424/97.

(2.) The Claims Tribunal has awarded a sum of Rs. 1,80,000/- as compensation to the respondent/claimant for amputation of her left arm above elbow. Mulko Bai had met with an accident on 17-5-1991 when she fell down from a train at Sanchi Railway station in between Beena and Bhopal, train over run her resulting in the said injury. The case has a chequered history. The claim petition was filed before the Claims Tribunal on 25-1-1993. It appears that the Claims Tribunal vide order dated 14-12-1994 ordered the claim petition to be transferred to the Civil Court for its trial. The case was transferred to the Civil Court for trial before the 4th Addl. Sessions Judge. Later on an objection was raised by the Union of India about the jurisdiction of Civil Court to try the case based on Section 13 of the Railway Claims Tribunal Act, 1987. The 4th Addl. Sessions Judge, came to the conclusion on 18-9-1997 that the case is triable by Railway Claims Tribunal only, hence, the case was transmitted to the Railway Claims Tribunal. The Claims Tribunal has passed an award which has been assailed to the present appeal.

(3.) The claimant alleged that when she was going from Sagar to Indore, she had completed journey from Sagar to Beena and at Beena Station, she boarded another train for going to Bhopal and when the train reached Sanchi Station, the train was started without giving any whistle or signal and due to hue and cry raised and sudden boarding of the train by so many persons she fell down from the train and her left arm above elbow was over run by the train, and was amputated. She was taken to Bhopal for tratment by G.R.P. Police, Sanchi after making entry in Rojnamcha (Daily Diary), at serial No 3147 on 17-5-1991. The claimant claimed a sum of Rs. 1,00,000/-.