LAWS(P&H)-2014-12-433

UNION OF INDIA Vs. BRAJESH KUMAR

Decided On December 15, 2014
UNION OF INDIA Appellant
V/S
BRAJESH KUMAR Respondents

JUDGEMENT

(1.) An amount of Rs.2,00,000/- was awarded to the respondent for the injuries received by him in a railway accident which took place on 13.8.2010.

(2.) Learned counsel for the appellant argued that it had come in the report of the Divisional Railway Manager that there was no evidence which could prove that the appellant had suffered the injury by falling from a train. However, he admitted that besides the report of Divisional Railway Manager, there was no evidence available with the appellant to dislodge the evidence produced by the respondent.

(3.) The case of the appellant before the Tribunal was that the appellant may have been crossing the railway line negligently and, therefore, received injuries on account of being struck by a train. However, no positive defence was taken and the word used was 'may'. The respondent was found to be a bonafide passenger and his evidence regarding purchase of ticket was not questioned. The matter was also reported to the police.