UNION OF INDIA Vs. SHRI PANNA LAL

JUDGEMENT

(1.) The instant appeal has been filed by the appellant against the judgment dated 15.01.2008 filed by the Railway Claims Tribunal, Jaipur in O.A. II/24/2005.

(2.) Brief facts of the case are that the Panna Lal filed an original application before the Railway Claims Tribunal, Jaipur under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 125 of the Railway Act wherein the claimant has contended that the claimant Panna Lal was travelling from Siras to Sureli by 196 Down Jaipur-Sawai Madhopur Passenger Train on 20.10.2004. The claimant had purchased a second class ticket no. 69804. it has also been contended that when the train was to reach at Sureli Railway Station, the claimant came at the door to get down and he slipped down due to the oily material at the footboard and due to this the claimant fell down from the train. Due to accidentally falling from running train claimant suffered injuries. It has been further alleged that, the information about this untoward incident was given by Shri Suraj Mai, brother of claimant to Station Superintendent, GRR Jaipur, on the basis of which Rojnamcha Rapat had been registered. It has also been contended that the GRP has recorded the statement of Suraj Mai, Madan Lal and Sheoji Lal on 25.10.2004. The claimant further contended that due to the injuries the applicant was in SMS Hospital, Jaipur. In view of this, claimant submitted claim application and claimed for a sum of Rs. 5,50,000/- alongwith interest @ 18% from the date of occurrence of the untoward incident i.e. 20.10.2004.

(3.) The appellant contested the claim and filed detail reply to the application wherein the contents of the claim were denied and it has been contended that the claimant is not entitled for any compensation as no injury was caused as alleged on account of untoward incident and the claimant was not a bonafide passenger.