CM No.3005-CII-2010 and - 1 - FAO No.533 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.3005-CII-2010 and FAO No.533 of 2010 (O&M) DECIDED ON: 28.04.2010 **** Union of India through General Manager, Northern Railway, Baroda House, New Delhi . . . .Appellant Versus Dhirender Partap Singh @ Sonu . . . .Respondent **** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Jagdish Marwaha, Advocate for the UOI/appellant. **** RAKESH KUMAR JAIN, J. CM No.3005-CII-2010 For the reasons mentioned in the application, delay of 518 days in refiling the appeal is hereby condoned. CM stands disposed of. FAO No.533 of 2010 (O&M) This appeal is directed against an order dated 22.1.2008 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short ‘the Tribunal) by which an amount of Rs.2,80,000/- has been awarded to the respondent with interest @ 9% per annum in case the amount is not paid within 60 days of the order. CM No.3005-CII-2010 and - 2 - FAO No.533 of 2010 (O&M) Brief facts of the case are that on 22.9.2002, the respondent came to Gharaunda to board 1058 Dadar Express train scheduled for 5.10 PM for going to Panipat to attend his duties in Mayur Paliwal Factory. The said train was on platform No.1, he boarded the train with Ram Mehar and Amarjeet, both residents of his village, but due to heavy rush, he was pushed out of the compartment and fell between the platform and the railway lines and suffered amputation of his right leg from the knee joint, which injury is a scheduled injury and finds mentioned at Sr. No.18 of the Schedule of injuries appended to the Railway Accidents & Untoward incidents (Compensation) Amendment Rules, 1977 (For amputation below hip with stump exceeding 5 inches in length measured from tip to great trenchanter but not beyond middle thigh) for which, a sum of Rs.2,80,000/- has been prescribed as being the amount of compensation. The respondent had also suffered injuries on his shoulder, left leg, left forearm and left heel. He was removed from the track by the railway staff and put in the guard’s cabin by the railway staff and the passengers. He was admitted in Government Civil Hospital, Panipat at about 6.30 PM on 22.9.2002. He was having a second class monthly ticket No.39485 and identity card No.570400 issued by Gharaunda Railway Station on August 23, 2002 which was valid upto September 22, 2002. The appellant- Railway tried to wash off its hands from their liability to compensate by averring that no untoward incident or railway accident had occurred within the meaning of Section 123(C) read with Section 124-A of the Railways Act 1989. It was also averred that the said train did not have a halt at the alleged station and the CM No.3005-CII-2010 and - 3 - FAO No.533 of 2010 (O&M) respondent was a bona fide passenger was also denied. On the pleading of the parties, issues were framed by the Tribunal and after taking evidence from both the sides, it was held that the respondent was a bona fide passenger, who at the time of boarding train at Gharaunda Railway Station fell down and suffered multiple injuries on his part including amputation of his right for which he has been awarded compensation to the tune of Rs.2,80,000/-, in accordance with law. Aggrieved against the impugned award, the present appeal has been preferred but no meaningful argument has been raised by learned counsel for the appellant for seeking reversal of the finding of fact recorded by the learned Tribunal both in support of untoward incident and the respondent not being a bona fide passenger. Hence, I do not find any merit in the present appeal and as such the same is hereby dismissed, though, without any order as to costs. (RAKESH KUMAR JAIN) 28.04.2010 JUDGE Vivek