UNION OF INDIA Vs. UDAY SINGH

JUDGEMENT

(1.) Instant appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'Act of 1987') has been preferred by the non-claimant-appellant (hereinafter referred to as 'the appellant') against the judgment and award dtd. 6/9/2016 passed by the Railway Claims Tribunal, Jaipur Bench (hereinafter referred as 'the learned Tribunal'), whereby the claim petition filed by the claimant-respondent has been partly allowed and a sum of Rs.50,000.00 along with the interest @ 6% per annum from the date of filing of the claim petition has been awarded till the date of actual payment made.

(2.) Skeleton material facts necessary for disposal of this appeal are that the claim petition was filed by the claimant-respondent before the learned Tribunal stating inter-alia that on 28/4/2010, the claimant-respondent-Uday Singh was travelling from Udaipur to Neemuch by a passenger train holding a valid second class railway journey ticket bearing No.78232666. During the said journey, when the said train reached Chittorgarh Netawali Railway Station, he got down from the train to drink water. After doing so, when he was boarding on the train, the train suddenly started with a jerk as result of it, he lost his balance and accidentally fell down from the moving train. Due to fall from the moving train, he suffered imputation of big toe with two fingers of left foot. Besides this, he sustained multiple injuries in other parts of the body. It was also stated by the claimant-respondent that due to the aforesaid imputation suffered by him, he has become fully disabled to perform his day day work hence he is entitled to get compensation under the provisions of the Act of 1987. The appellant Railway administration submitted its reply and denied the averments of the claim petition and took a specific plea that the claim petition has been filed with an intention to get undue monetary benefit on the basis of baseless averments. No cause of action arose in view of Act of 1987 because the fact revealed during the investigation that the claimant-respondent became a victim of the accident while attempting to board on the moving train.

(3.) On the basis of the pleadings of the parties, the learned Tribunal framed the following issues:-