S K SHARMA Vs. GENERAL MANAGER RAILWAY

JUDGEMENT

(1.) THIS appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987 aggrieved by an award dated 6-1-1999 passed by Member (T) Railway Claims Tribunal/mumbai at Bhopal in Case No. 626/97.

(2.) AN application was filed under Section 125 of the Railways Act, 1989 (hereinafter referred to as 'the Act') by appellant; S. K. Sharma claiming compensation of Rs. 1,40,000/- for the injuries caused to him on 24-7-1997 while travelling by Kashi Express between Guramkhedi and Sohagpur Railway Stations in a stopped train because of engine failure and waiting for arrival of another engine, it is submitted that he took permission from conductor and sat in the ordinary bogie, engine came from behind and hit the bogie, in which he was sitting, he was lying down, he sustained injuries.

(3.) RAILWAY in their reply denied the averments contending that the ticket filed by the applicant was that of passenger train, applicant could not have travelled in Kashi Express. Name of applicant was not in the list of injured persons. With regard to taking permission from conductor the fact was denied for want of knowledge. Claimant was not a bonafide passenger. He was not holding valid ticket. Ticket was that of passenger train, he was in the Express Train. Case was not one under Section 123 (b) (i) of the Act.