Gujarat High Court
Union Of India vs Jakirbhai Chhotubhai Mirza on 12 August, 2025
NEUTRAL CITATION
C/FA/2558/2019 JUDGMENT DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2558 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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UNION OF INDIA
Versus
JAKIRBHAI CHHOTUBHAI MIRZA
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Appearance:
MS ARCHANA U AMIN(2462) for the Appellant(s) No. 1
MR KUNAL M SHAH(5588) for the Defendant(s) No. 1
MR MAHESH B SHAH(1053) for the Defendant(s) No. 1
MR PJ MEHTA(467) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 12/08/2025
ORAL JUDGMENT
1. Present appeal is filed by the appellant (original respondent) under
Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter be referred
to as "the Act") against the judgment and order dated 05.02.2019 passed
by the Member (Judicial), Railway claims Tribunal, Ahmedabad Bench
[hereinafter be referred to as "the Tribunal"] in Case No.OA IIU / 2017 /
0179 whereby the Tribunal has partly allowed the claim application and
awarded compensation of Rs.4,00,000/- along with the interest at the rate
of 9% per annum.
2. Brief facts of the present case are that on 02.06.2017, Shri Jakirbhai
Chhotubhai Mirza started his journey from Ajmer to Deesa in Bareilly - Bhuj
Ala Hazrat Express holding a valid and proper second class railway ticket.
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C/FA/2558/2019 JUDGMENT DATED: 12/08/2025
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That on 03.06.2017, when he was alighting from the train at platform No.1
Deesa Railway Station due to jerk and push of the fellow passengers, he
lost his balance and fell down from running train as consequence of which
he sustained multiple injuries on different parts of body and left leg was
amputated below knee. That the claimant (original applicant) has preferred
the aforesaid claim application which came to be partly allowed by the
Tribunal.
3. Being aggrieved, the appellant herein has preferred the present
appeal.
4. Heard Ms.Amin, learned counsel for the appellant and Mr.Mehta,
learned counsel for the respondent at length. Perused the material placed
on record.
5. Ms.Amin, learned counsel for the appellant has submitted the same
facts which are narrated in the memo of appeal and has submitted that the
Tribunal has committed an error of facts and law in passing the award of
compensation. While referring the statement of the injured, Ms.Amin,
learned counsel has submitted that the injured had travelled from Palanpur
to Deesa without valid ticket which amounts to an offence under Section
137 of the Act. She has also submitted that the incident of falling down of
the respondent from the running train at Deesa Railway Station does not fall
within the purview of Section 123(c)(2) of the Act as he himself has
admitted that he was having valid ticket for travelling upto Palanpur. She
has submitted that the respondent was not a bona fide passenger to travel
upto Deesa as per Section 2(29) of the Act and, therefore, the Tribunal has
committed an error in awarding the compensation. She has submitted that
over travelling beyond the destination station was never the case of the
respondent and he was travelling from Ajmer to Deesa and because of the
accident he lost his ticket. She has submitted that the impugned judgment
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C/FA/2558/2019 JUDGMENT DATED: 12/08/2025
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and order passed by the Tribunal is based on assumption and presumption
which is beyond the intent of the legislature. She has submitted that the
impugned judgment and order passed by the Tribunal is without application
of mind and, therefore, the same deserves to be quashed and set aside and
the appeal deserves to be allowed.
6. Mr.Mehta, learned counsel for the respondent has submitted that the
Tribunal has not committed any error of facts and law in passing the
impugned judgment and order and awarding the compensation. He has
submitted that the impugned judgment and order passed by the Tribunal is
just and proper and no interference is required to be called for and the
appeal being meritless deserves to be dismissed.
7. This Court has considered the submissions of both the sides and
material placed on record and perused the impugned judgment and order
passed by the Tribunal and the record and proceedings of the case. After
scrutinizing the findings recorded by the Tribunal and considering the oral
as well as documentary evidence, this Court is of the opinion that the
impugned judgment and order passed by the Tribunal is in consonance with
the settled principles of law and given cogent reasons. This Court does not
find any illegality or infirmity in the judgment and order passed by the
Tribunal and therefore, no interference is required to be called for and
appeal being meritless deserves to be dismissed.
8. In the result, the appeal is dismissed. There shall be no order as to
costs. Registry is directed to transmit back the record and proceedings of
the case to the concerned Court forthwith.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
