Sri Parashuram Kumar Vs Union of India

THIS MFA FILED U/S 23(1) OF RAILWAY CLAIMS TRIBUNAL ACT, 1989 AGAINST THE ORDER DATED 12.10.2017 PASSED IN OA NO. II U 093 OF 2016 ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL, BENGALURU, DISMISSING THE CLAIM APPLICATION FOR COMPENSATION.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:39886 MFA No. 2398 of 2021

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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This appeal is filed by the claimant challenging the judgment dated 12.10.2017 passed by the Railway Claims Tribunal, Bangalore Bench, in OA II U 093 of 2016, thereby, the claim petition is dismissed.

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BRIEF FACTS:

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It is the case of the claimant that on 11.02.2015 the claimant was intended to go to native place Sahni Tola, Bihar State from Yeshvantpur Railway Station at about 11.00 p.m. and purchased journey ticket by paying Rs.470/- for travel from Yeshvantpur to Muzhafurpur. It is the case of claimant that while trying to board the running train, he lost control and accidentally he fell down at Yeshvantpur Railway Station and both the legs were auto-amputated with injuries to other parts of his body and immediately shifted to Victoria Hospital, Bengaluru by Railway Police and thus, filed the claim petition but the claim petition is dismissed on the reason

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HC-KAR

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that there is discrepancy found on the time of purchasing journey ticket and in the cross examination of AW1 and therefore, opined that the journey ticket is planted one. Hence, dismissed the claim petition.

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The claimant is examined as AW1. It is the

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evidence that he was travelling from Yeshvantpur to Muzhafurpur on 11.02.2015 had purchased the journey ticket, but accidentally fell down from the train and sustained amputation of both legs. Ex.A-1 is the computerised journey ticket and in the said ticket time of issuance of ticket is at 23.24 hrs on 11.02.2015. The Tribunal observed that in the cross examination the claimant deposed that he went to Yeshvantpur Railway Station at 10.00 p.m. and purchased the ticket at 10.15 p.m. This is the only discrepancy has been seen by the Tribunal with its magnifying glass and found fault with the claimant. Only on this reason the Tribunal has wrongly come to conclusion that it is a planted ticket. When the claimant has produced ticket Ex.A-1 and there may be

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HC-KAR

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chances of natural discrepancies found on the time of issuance of ticket and the statements of cross examination. In these types of cases it is impossible to state the exact time of purchasing and issuance of ticket. The observation of the Tribunal is entirely not correct.

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What is the evidence of the claimant is that he went to Yeshwantpur Railway Station at 10.00 p.m. and purchased the journey ticket at 10.15 p.m. On the journey ticket the time motioned is 23.24 hrs and there is only 1 hour 9 minutes gap. No one can say by looking into the clock that as to when he went to the railway station, when he stood in the queue and when the incharge counter issued the ticket, these are the absurd observations made by the Tribunal. Therefore, the reasoning given by the Tribunal is too technical and the Court finds that the Tribunal with predetermined intention to dismiss the claim petition thus dismissed the claim petition, which is completely erroneous approach.

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HC-KAR

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Therefore, when the claimant proved the journey ticket, it is proved that the claimant is a bonafide passenger. There is no dispute by the respondent regarding the amputation of two legs sustained by the claimant. The medical records namely, wound certificate and discharge summary prove the fact that claimant has sustained amputation of two legs. Therefore, the claimant is entitled to compensation for having lost two legs in the railway accident. Since the claimant has sustained amputation of two legs, therefore as per Schedule issued by the Ministry of Railways Doubles Compensation Rate Payable to Railway Accident Victims w.e.f. 01.01.2017 the claimant is entitled to compensation of Rs.8,00,000/- with interest @ 6% p.a. from the date of accident till realisation.

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