FA/378319/1999 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3783 of 1999 HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= UNION OF INDIA - Appellant(s) Versus SHANIBEN DAHYABHAI SOLANKI - Defendant(s) ========================================================= Appearance : MR NS SHEVADE for Appellant(s) : 1, None for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 30/07/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and order dated 8.3.1999 passed by Railway Claims Tribunal, Ahmedabad Banch, in Claim Application O.A. No.9800056 whereby the said application was partly FA/378319/1999 2/4 JUDGMENT allowed and directed the present appellant to pay Rs.2,80,000/- to the present respondent. 2. The respondent had filed the aforesaid claim petition claiming compensation of Rs.3,20,000/- on the ground that while traveling in train she fell down as a result of which she has lost her left leg above knee. After hearing the parties the the Tribunal has partly allowed the application and the present appellant was directed to pay Rs.2,80,000/- to the respondent within 60 days from the date of the order. It is against the said award the present appeal has been filed. 3. Learned Advocate for the appellant submitted that the applicant had suffered injuries due to her own negligence and carelessness and not due to accidental fall from the running train. According to him applicant was not a bona fide passenger and she did not have the valid ticket. 4. As a result of hearing and perusal of the record this court is of the view that the Tribunal has considered the matter in depth and discussed the evidence in detail. Para 3 of the order reads as under: “3. The applicant Smt. Shaniben Solanki has given her deposition before this Tribunal at Exh.8. It is not in dispute that on account of falling down from the train she lost her left leg above knee. On 17.2.98 she had gone to Khambhat and was returning from Khambhat FA/378319/1999 3/4 JUDGMENT by 13 UP train to Kali Talavadi. She said that she had purchased ticket from Khambhat and had paid Rs.2/-. She further said that as she was alighting the train she was pushed by other passengers who were also alighting the train and she fell down from the train. Her left leg was crushed under the wheels of the train as this incident occurred while the train was about to stop. She was removed to the SSG Hospital at Baroda where her left leg was amputed. She had stated on oath that while she fell down from the train she had lost her bag in which she had kept the ticket. Immediately after this incident police had recorded her statement in the SSG Hospital at Baorda. Copy of her statement is produced at Exh.9. In this statement, immediately after the incident she had specifically stated that she had purchased 2nd class ticket. Copy of the panchnama made by police is at Exh.10. Medical certificate issued by SSG Hospital at Baroda is at Exh.11. Her recent photograph which shows that amputation is also made knee is at Exh.12. Case papers of SSG Hospital also produced is at Exh.13.” 5. Thus, it is clear that the factum of the accident is not disputed. In the accident she has lost her left leg above knee. She deposed that she had taken ticket of Rs.2/-. She had stated on oath that she was pushed by other passengers while alighting the train as a result of which she fell down and she had lost her bag in which she had kept the ticket. Her statement is produced at Exh.9. In that view of the matter this court is of the view that it is proved that the applicant was a bona fide passenger, she fell down from the train as a result of which she had lost her left leg above knee. I am, therefore, in complete agreement with the findings of FA/378319/1999 4/4 JUDGMENT the Tribunal and no case is made out to cause interference. This appeal is, therefore, dismissed. No order as to costs. [K.S. JHAVERI, J.] ar