LAWS(P&H)-2019-3-573

BACHE LAL Vs. UNION OF INDIA

Decided On March 11, 2019
Bache Lal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This appeal is directed against the decision dtd. 7/10/2015 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, by which the claim application filed by the appellant under Sec. 16 of the Railway Claims Tribunal Act, 1987 read with Sec. 124(A) of the Railway Act, 1989 claiming a sum of Rs.4.00 Lacs along with interest as compensation on account of injuries sustained by the appellant in a Railway untoward incident dtd. 11/3/2013 has been dismissed.

(2.) Brief facts which would be necessary for consideration of the lis stand enumerated as under:

(3.) The claim applicant/appellant disclosed in the claim petition that he was working as a Tailor in RD Factory at Ludhiana. On 11/10/2013, he reached Ludhiana Railway Station at about 18:00 hours as he wanted to go to his home town at Hardoi. It is further claimed that he purchased computerized second class ticket from Ludhiana to Balamau and boarded Banaras Express train No.12238 down. It is claimed that there was heavy rush in the train which is started with a jerk and he accidentally slipped and fell down from the train and sustained serious injuries. It is further a case of the claimant that GRP personnel and railway employees got him admitted in the Civil Hospital, Ludhiana. A ruqqa was issued by the Civil Hospital to GRP, Ludhiana and on receipt of which GRP personnel reached in Civil Hospital. Due to the nature of injury, the right arm of the injured was amputated up to the shoulder. The applicant produced his ticket before the GRP Ludhiana. Subsequently, Civil Hospital, Ludhiana referred him to Balrampur Hospital, Lucknow, for his surgery on 14/10/2013 where, he remained admitted up to 9/11/2013. It is further claimed that incident has rendered him 100% handicap.