LAKHI BARUA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal under Section 23 of the Railway claims Tribunal Act, 1987 is at the instance of a claimant and is directed against the order dated September 8, 1998 passed by the Calcutta Bench of the Railway Claims tribunal in Accident Claim Application No. 2067 of 1997 by which the tribunal rejected the claim of the appellant.

(2.) THE appellant, as the mother of the injured victim, filed a claim for the injury suffered by her son for throwing of stone on a running train being No. 5621 near New jalpaiguri Station on 25th October, 1996. According to the appellant, while travelling in the sleeper class of the said train, the victim suffered an injury in his right eye because of throwing of stone by some miscreants near the New Jalpaiguri Station, as a result, he was admitted to the Railway hospital at Katihar. He was discharged on 26th october, 1996 from that Hospital and was readmitted to the Military Hospital at Jhansi on 28th October. 1996. From the certificate of the Eye Specialist, it appears that he became total blind in his right eye and thus, disfigured. It was alleged in the application supported by affidavit that there was an attack by a mob on the train near the New jalpaiguri Station and the coach in which he was travelling was hit by thousands of stones. A supporting affidavit had been filed by one P. N. Gogai who was a fellow passenger and he has confirmed that there was a mob-attack on the train.

(3.) THE claim application was opposed by the Railway Administration by filing written statement.