PRABHAT KUMAR SON OF DWARIKA PRASAD YADAV Vs. UNION OF INDIA THROUGH THE GENERAL MANAGER, EASTERN RAILWAY

JUDGEMENT

(1.) THIS appeal is directed against the order dated 6th of March 2009 passed by the Railway Claim Tribunal, Patna Bench (hereinafter referred to as the Tribunal") in Claim Case No. O.A. 00121 of 2007 dismissing the claim as claimed by the Appellant.

(2.) THE short facts for disposal of the present appeal are that the appellant was travelling by Howrah ? Jamalpur Express (Train No. 3701 UP) from Kahalgoan to Bhagalpur in the ordinary 2nd Class Compartment having ticket No. W26247120 on 2nd of November, 2006. While the train was approaching the Bhagalpur Railway Station and crossing under the railway over bridge near the station, the said bridge being a very old one fell down on the Bogie of the train in which the appellant was travelling, resulting in serious injuries to both the legs as also on the other part of his body. THE appellant was treated in the railway hospital for good time. THE appellant filed the aforesaid case claiming compensation of Rs. 2 lacs on account of the serious injury sustained by him in the said train accident. In opposition of the claim, Railway Administration before the Tribunal filed written statement admitting that although the appellant got injured in the said accident and was paid ex-gratia amount of Rs. 1 lac by Railway, however, he was required to prove that he was a bona fide passenger. THE appellant adduced evidence in support of his claim by filing his affidavit and also filed the documents of his injury and treatment given to him in the railway hospital as also other documents. THE railway administration did not produce any evidence to counter the claim of the appellant.

(3.) IN the result, in view of the reasons and discussions made above, the appeal succeeds and the railway administration is directed to pay compensation of Rs. 2 lacs to the appellant as claimed within a period of three months. The appeal stands disposed of.