AJAY ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS civil misc. appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been filed against the order dated 14.03.2002, passed by the Railway Claims Tribunal, Jaipur Bench (hereinafter 'the Tribunal') by which the appellant -applicant (hereinafter 'the applicant') was awarded an amount of Rs. 72,000/ - as compensation for injuries sustained by him in a train accident.

(2.) THE brief facts of the case are that the applicant was travelling by Frontier Mail, Train No. 2903, from New Delhi to Amritsar on 26.11.1998. The said train met with a major accident new Khanna (Punjab). As a result of the accident, the applicant sustained multiple injuries including Compound Grade -III, Fracture Shaft Humerus (L) as well as head injuries. The applicant also developed heart disease, anorexia, amnesia and other neurological disorders, as a result of the shock and trauma from the injuries suffered in the accident. For treatment the applicant stated to have incurred substantial expenditure. It was stated that the applicant was carrying Rs. 50,000/ -, which was lost in the accident. In the aggregate, the applicant made a claim for compensation of Rs. 13,80,200/ - together with cost and interest @ 18% p.a. from the date of accident.

(3.) ON the pleadings of the parties, the learned Tribunal framed four issues which were as under: