SAILENDRA NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has arisen out of the judgement and order passed by Sri S.R. Roy, learned Claims Commissioner, Burdwan, in Misc. Case No. 137 of 1976. Sri Sailendra Banerjee filed a petition for compensation u/s. 82 of the Railways Act. The said application was registered as the aforesaid Misc. Case.

(2.) The case of the petitioner, in brief, was as follows : On 4-11-75 the petitioner, Sailendranath Banerjee, was travelling by a local train from Burdwan Railway Station to Baruipara. The Train left the station at 8-10 A.M. and shortly after it left Saktigarh Railway Station it had a head-on collision with a train coming from the opposite direction. As a result of this accident, the petitioner sustained injuries and became unconscious. He was admitted to the Burdwan B. C. Hospital on the same date. He sustained the fractural injury in his right leg and some bleeding injuries on his forehead and back. The petitioner Sailendranath Banerjee, was discharged from the Hospital on 18-11-75 with Advice to take rest for two months with plaster in his leg. As a result of the accident the petitioner Sailendranath Banerjee lost his brief case containing therein a woolen sweater, bunch of keys and a cash of Rs. 430/-. The petitioner was the government employee and was drawing an amount of Rs. 460/- and odd as his salaries and allowances per month at the time of the accident. The petitioner incurred expenses also for his medical treatment. Accordingly, the petitioner claimed compensation of Rs. 30,000/-.

(3.) The opposite party, Eastern Railway, opposed the said application by filing the written objection. The opposite party admitted that as a result of the accident of the ill-fated train, the petitioner Salendranath Banerjee received injuries on the scalp and fractural injury on the right leg. It was also contended that the petitioner did not lose the earning capacity because of the injuries sustained by him and did not incur the medical expenditure as alleged by the petitioner. The opposite party denied also the loss of the alleged brief case of the petitioner containing the articles and money, as alleged by the petitioner. According to the opposite party, the amount of Rs. 200/- might be given to the petitioner on compassionate ground.