SUMERU Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mrs. Sunita Ojha, learned counsel for the appellant and Mr. Sunil Kumar, learned counsel appearing for the respondents.

(2.) This appeal has been filed against the judgment dtd. 23/8/2013, passed by the Railway Claim Tribunal, Ranchi, Bench at Ranchi, in OA Case No. (IIU)/RNC/2008/0072, whereby the claim of the appellant has been rejected by the learned Tribunal.

(3.) Mrs. Sunita Ojha, learned counsel for the appellant submits that the appellant-claimant namely, Sumeru on 20/5/1976 was travelling in Train No. 2788, Patna to Tata Express. She further submits that the appellant is a bonafide passenger of second class having ticket and unfortunately he met with an accident on Tatanagar Railway Station while he was travelling in the train. She submits that while crossing the Railway line the appellant was hit by a locomotive engine. The appellant became 100% disabled. She submits that the appellant produced documents and the appellant filed the claim case for compensation of Rs.6,00,000.00 however by the impugned award the said claim has been rejected by the learned tribunal. She further submits that however there was delay of 32 years, 6 months and 25 days however, the learned tribunal has condoned the said delay by order dtd. 29/3/2010. She further submits that the appellant was a bonafide passenger and was having ticket but the learned Tribunal has not considered the documents and the evidences on record and passed the award which is against the mandate of law. She further submits that the Railway Act is beneficial legislation for social welfare as the appellant met with the accident while crossing the railway line, he is entitled for compensation. She submits that the award is bad in law. On these grounds she submits that award passed by the learned tribunal may be set aside.