Rajasthan High Court
The Union Of India vs Rampal Singh Son Of Shri Janglia on 2 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:20600]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 501/2022
The Union Of India, Through General Manager, North Central
Railway, Allahabad (U.p.).
----Appellant
Versus
Rampal Singh Son Of Shri Janglia, Aged About 24 Years,
Resident Of Village Bhavanpura, Roopwas, District Bharatpur
(Raj.).
----Respondent
For Appellant(s) : Mr. Gaurav Jain, Adv.
For Respondent(s) : Mr. Ajay Shukla, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 02/05/2024
The present appeal under Section 23 of the Railway Claims
Tribunal Act, 1987 has been preferred by the appellant-Union of
India (for short 'the Union of India') against the judgment and
award dated 31.08.2021 passed by the Railway Claims Tribunal
Jaipur Bench (for short 'the Tribunal') in O.A.-II-219/2017,
whereby the Tribunal has awarded a sum of Rs.4,00,000/- along
with interest @ 9% per annum from the date of incident as
compensation in favour of the claimant-respondent (for short 'the
claimant').
Learned counsel for the Union of India submits that the
Tribunal has not taken into consideration the material available on
record in right perspective. So, the judgment passed by the
Tribunal is erroneous, illegal and perverse and is liable to be set
[2024:RJ-JP:20600] (2 of 3) [CMA-501/2022]
aside. Learned counsel for the Union of India further submits that
the claimant was not a bona fide passenger within the meaning of
Section 2(29) read with Section 124A of the Railways Act, 1989.
Learned counsel for the Union of India further submits that on the
date of incident i.e. 04.08.2017, the claimant was not having a
ticket when the guard made query from him. Learned counsel for
the Union of India further submits that the claimant arranged the
ticket at the belated stage for taking the compensation amount.
Learned counsel for the Union of India further submits that the
claimant to met with an accident when he was running from
offside in the process of boarding the moving train, he fell down
and sustained multiple injuries. So, the liability cannot be fastened
on Union of India to pay the amount of compensation to the
claimant. So, judgment dated 31.08.2021 passed by the Tribunal
is liable to be set aside.
Learned counsel for the claimant has opposed the arguments
advanced by the learned counsel for the Union of India and
submitted that on the date of incident i.e. 04.08.2017, the
claimant was having a valid ticket. He exhibited the ticket as Ex.
A-2 during evidence and he fell down due to push from the fellow
coach passengers from the moving train. So, the Tribunal has
rightly awarded the compensation amount to him. So, the appeal
being devoid of merit, is liable to be dismissed.
Learned counsel for the claimant has relied upon the
following judgments:- (1) Suman Sharma Vs. Union of India
reported decided on 20.07.2018 in FAO No. 3960 of 2011;
(2) Union of India Vs. Prabhakaran Vijaya Kumar and Ors.
decided on 05.05.2008 in Appeal (Civil) 6898 of 2002; and
[2024:RJ-JP:20600] (3 of 3) [CMA-501/2022]
(3) Union of India Vs. Smt. Neeri Devi and Ors. decided on
09.11.2021 in Civil Miscellaneous Appeal No. 4618/2016.
I have considered the arguments advanced by the learned
counsel for the Union of India as well as learned counsel for the
claimant.
While allowing the claim petition, the Tribunal elaborately
discussed the issue Nos. 1 to 3. During the evidence, the claimant
exhibited the ticket as Ex. A-2. So, it cannot be said that he was
not a bona fide passenger. As per evidence, claimant fell down due
to push from the fellow coach passengers from the moving train.
So, in my considered opinion, the Tribunal has rightly awarded the
compensation amount of Rs. 4,00,000/- in favour of the claimant.
So, the present appeal being devoid of merit, are liable to be
dismissed, which stands dismissed accordingly.
Pending application(s), if any, stands dismissed.
(NARENDRA SINGH DHADDHA),J
Tahir/65
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