BANDALA RAJESHWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is directed against the order, dated 08.05.2013, passed in O.A.A.No.244 of 2005 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad whereunder and whereby, the claim of the appellant/applicant under Section 16 of the Railway Claims Tribunal Act, 1987 read with Sections 124-A and 125 of the Railways Act, 1989 (for short, 'the Act') with regard to grant of compensation of Rs.4,00,000/- for the injuries suffered by him in a railway accident that took place on 13.08.2004 was dismissed.

(2.) Heard the learned counsel for the appellant/applicant and the learned Standing Counsel for the respondent/Railways.

(3.) Learned counsel for the appellant/applicant would contend that though the applicant had established that he was a bona fide passenger travelling by train No.336 Nagpur Passenger from Hasanparthy to Makodi and suffered amputation of left upper limb above elbow due to the injuries suffered in an untoward incident, for non-examination of doctor, the Tribunal erroneously dismissed the claim; that there is medical record and document to establish the said injury; that the Tribunal ought to have granted compensation as enumerated in Part III of the Schedule issued by the Ministry of Railways vide notification, dated 22.12.2016, and according to it, the applicant is entitled for a compensation of Dr.SA, J Rs.5,60,000/- and interest thereon and ultimately, prayed to allow the appeal.