UNION OF INDIA Vs. RAJENDRA SINGH

JUDGEMENT

(1.) Assailing the judgment dated 03.12.2013 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh, (for short, "the Tribunal") awarding compensation to the tune of Rs. 2,50,000/- to the respondent-claimant in claim Case No. OA-II/17 of 2012 filed under Section 16 of the Railway Claims Tribunal Act, 1987 (for short, "the Act of 1987"), the appellant-Union of India, through Deputy Chief Commercial Manager, Northern Railways, Baroda House, New Delhi preferred this appeal.

(2.) The facts extracted from the impugned judgment are that on 09.09.2011 claimant-Rajendra Singh along with his wife Jaspreet Kaur and sister-in-law Harjinder Kaur was travelling by train No. 13308 on valid passenger ticket from Lohian Khas to Bareilly and that when the train halted at Phillaur railway station, he alighted to take drinking water but due to rush at the shop he got delayed and tried to board the moving train but his foot slipped as a result of which he fell down and sustained serious injuries. He filed an application claiming Rs. 6 lacs as compensation against Union of India-appellant.

(3.) The petition was contested by the appellant-railways. According to it, no occurrence of the untoward incident as alleged by the claimant had taken place. The preliminary objections raised were that the accident was not covered within the meaning of Section 123(c) read with Section 124A of the Railways Act, 1989 (for short, "the Act of 1989") and also that the deceased was not a bona fide passenger.