LAWS(P&H)-2019-1-300

SIMRANJEET KAUR Vs. UNION OF INDIA

Decided On January 17, 2019
Simranjeet Kaur Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records of this Case.

(2.) This appeal is directed against the judgment dated 16.07.2015 passed in Case No. OA-IIU/2013/0046 by the Motor Accident Claims Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred as 'the Tribunal'), by which the claim of the appellant/claimant-Simarjeet Kaur for compensation amount of Rs.4 lacs has been rejected by the Tribunal on the ground that she was not a bonafide passenger.

(3.) The appellant/claimant-Simarjeet Kaur claimed in her petition filed before the Tribunal that on 26.08.2012 at 1:50 P.M., she had boarded a DMU Ambala passenger train along with her Aunt, namely, Jarnail Kaur and her mother's sister, namely, Ravinder Kaur. They were coming from Amritsar to Rajpura. At about 3:00 P.M., when they reached at Kartarpur Railway Station, the appellant/claimant got down at station to collect fresh water and after taking water when she was trying to board the said train, her foot was slipped and she got down on the railway track and at that point of time, train was moved as a result of which her left hand was crushed and she also sustained serious injuries on the other parts of her body. She has further claimed in the claim petition that the cause of accident was excessive crowd in the train and due to that the passengers were pushing and pulling each other. That led Simranjeet Kaur is loosing balance and slipping on the railway track. She was taken to General Hospital, Jalandhar for treatment. She also stated that during this process, her purse was lost which was containing her general class railway ticket purchased by her from Amitrsar to Rajpura and some money.