UNION OF INDIA Vs. VIJAY KUMAR PANDEY

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 21.11.2007 passed in Claim Application No. OA 00082 of 2004, by which the Railway Claims Tribunal, Patna Bench, Patna, has awarded a sum of Rs.4,00,000/- together with interest @ 9% per annum from the date of the order on account of serious injury having been caused to the claimant.

(2.) COUNSEL for the appellant contends that the appellant was not a bonafide railway passenger since even though he was a railway employee, he had no duty pass with him. The second contention of the appellant is that as per the Fard Beyan it is apparent that he had slipped from the train on account of his own negligence and, therefore, it was a self inflicted injury and not an -untoward incident'. The appellant has also assailed the judgment on the ground that there are factual discrepancies in the narration of chain of events and, therefore, had created a reasonable doubt on the claim of the claimant.