NARENDRA KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present appeal has been filed by the appellant under Sec. 23 of the Railway Claims Tribunal Act, 1987, (hereinafter referred to be as 'the Act') challenging the order dt. 20.12.2010 passed by Member (Technical), Railway Claims Tribunal, Jaipur (hereinafter referred to be as 'the Tribunal') in original application No. OA -II -70/2007, whereby the claim petition of the appellant has been dismissed by the Tribunal. The short facts giving rise to the present appeal are that the appellant had filed the claim petition before the Tribunal alleging inter alia that he was traveling by Train No. 582 Down from Mandsore to Bhilwara holding a valid second class Railway Journey Ticket bearing No. 63099. However, due to heavy rush of the passengers in the coach, and when the train was passing near unmanned crossing No. 104, the coach of the appellant all of sudden was hit with a tractor parked near the Railway Track, as a result of which, the appellant received injuries. Since the appellant had sustained injuries due to the alleged negligence on the part of the Railway Authorities, he filed the claim petition for awarding compensation. The said petition has been dismissed by the learned Tribunal, against which the present appeal has been filed.

(2.) IT has been sought to be submitted by learned counsel for the appellant that the Tribunal has misappreciated the evidence to hold that the appellant was not a bona fide passenger though the appellant had produced the copy of the ticket. It is further submitted that the appellant had sustained injuries due to negligence on the part of the Railway Authorities and, therefore, he was entitled to claim compensation.

(3.) HAVING regard to the submissions made by learned counsel for the parties, and to the impugned order passed by the Tribunal, it appears that the appellant, in order to prove that he was a bona fide passenger of the train in question, had produced the copy of ticket bearing No. 63099. However, the witness examined by the respondent Sh. Praveen Ojha, had placed on record the daily ticket cash register to show that the ticket produced by the appellant was not issued for Bhilwara on the relevant date. Thus the Tribunal has rightly observed that the appellant was not the bona fide passenger of the train in question, and has rightly dismissed the claim petition of the appellant. In that view of the matter, this Court is not inclined to interfere with the order passed by the Tribunal more particularly when the appellant had failed to point out any illegality or infirmity in the impugned order passed by the Tribunal. In view of above, the appeal being devoid of merits deserves to be dismissed and is according dismissed.