UNION OF INDIA Vs. BASANTI DEVI

JUDGEMENT

(1.) Instant appeal is directed against order of the Railway Claims Tribunal, Jaipur Bench (Raj.) by which the injured (Smt. Basanti Devi) respondent herein was awarded an amount of Rs.4 lac as compensation on account of serious injuries caused to her on 21/10/2009 when she was travelling from Kota to Delhi by a passenger train (Mewar Express) holding valid second class railway ticket.

(2.) It is claimed that on 21/10/2009 when the said train stopped beyond Mathura railway station near Bajna Bridge at Kms. 1401/3-4, on account of alarm chain pulling, suddenly Goa Express, coming from rear side on the same track, collided with Mewar Express. It was contended that the respondent suffered serious injuries and multiple fractures including grievous injuries and she was carried to nearest hospital namely; Pushpanjali Hospital, Agra and thereafter she was further treated at Fortis Hospital, New Delhi. After considering the submissions of the parties, the Tribunal allowed compensation of Rs. 4 lac which has been assailed in the instant appeal.

(3.) Ld. counsel for the appellant contended that the amount awarded by the Tribunal is highly exorbitant, excessive and as per the schedule, an amount of Rs.3 lac can only be granted in a case of death whereas in the instant matter, the injuries were not so grievous so as to award an exorbitant amount of Rs.4 lac. He further contended that the respondent was not a bonafide passenger in the train as ticket was not produced alongwith the claim petition or during the course of hearing before the Tribunal. He further contended that the State Government also allowed ex-gratia amount of Rs.1 lac on account of the injuries caused and therefore, it becomes a total amount of Rs.5 lac and alternatively he contended that the amount of Rs.1 lac granted by the State Government ought to have been reduced. He further contended that the claim, even otherwise, is not maintainable and there is perversity in the order of the Tribunal.