UNION OF INDIA Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) THE Union of India through General Manager, Central Railway, Bombay has challenged an award given by the Claims Commissioner, Railways. The brief facts for the purposes of this petition may be noticed.

(2.) 15 Dr. Grand Truck Express met with an accident on 6th of January, 1985. The < accident took place between Hetampur and Gher Railway Station of Central Railway. It collided with a goods train, Respondent No. 1 Ashok Kumar Sharma filed a petition under Section 82-A of the Indian Railways Act claiming compensation, According to him, he was travelling as a passenger in second class compartment. He boarded the train at Betul railway station. His destiny was Agra. He has given the number of the seat and the coach he wan to travel in. The necessary accommodation in the Railway Coach was got reserved earlier.

(3.) THE basic argument of the learned Counsel appearing for the Union of India is that the claim is based on oral evidence. The statement made by the claimant is to the effect that he was Production Manager in Betul Oil and Flour Private Limited, Industrial Area, Betul; on account of the accident he was unable to attend to his duties for a period of almost one month. He has further stated that he was given a sum of Rs. 250/- by the railways but nothing was paid thereafter. He admits that he was examined by the railways doctors and he was told to get himself checked in the Agra hospital but the claimant expressed his inability because his wife arid children were also along with him.