UNION OF INDIA Vs. SANJAY

JUDGEMENT

(1.) This appeal is preferred by the Union of India aggrieved by the award passed by the Railway Claims Tribunal, Bhopal, awarding a total sum of Rs. 2,00,000 to the claimant Sanjay who suffered amputation of his both legs and suffered disability of 100 per cent thereby, as train was started with jerk all of sudden without prior indication due to which the claimant fell down and train over run him.

(2.) The defence taken by the Railways was that the accident could not be termed to be an untoward accident. The claimant was not a passenger travelling with a valid ticket. The Claims Tribunal has found that the claimant was travelling with a valid ticket No. 35455. It is contended that only one ticket was produced whereas friend of the claimant was also travelling. However, the Tribunal has recorded that the ticket No. 35454 was also produced before it.

(3.) Learned counsel for the appellant submits that the claimant was not a bona fide passenger. He further submits that the Railways was not negligent.