HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY C.M.A.No.19 OF 2009 Dated 01-03-2011 Between: The Union of India, represented by the General Manager, South Central Railway, Secunderabad. …Appellant. And: Smt. G. Laxmi @ Lakshmi. …Respondent. HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY C.M.A.No.19 OF 2009 JUDGMENT: This Civil Miscellaneous Appeal is filed under Section 23 of the Railways Act, 1989 (for short, “the Act”), against order dated 30-09-2008 rendered in O.A.A.No.492 of 2006 on the file of the Railway Claims Tribunal, Secunderabad, Bench at Secunderabad. (2) The O.A.A. was filed under Sections 16 of the Railway Claims Tribunal Act, 1987, read with 124-A of the Act, seeking compensation of Rs.4,00,000/- for injuries said to be sustained by the applicant in a train accident. (3) The appellant herein is the respondent and respondent herein is the applicant in the application. For the sake of convenience, the parties will hereinafter be referred to as arrayed in the application. (4) The case of the applicant is as follows: On 18.10.2006, the applicant along with her daughter and nephew came to Warangal Railway Station and purchased a ticket bearing No.08593543 to travel from Warangal to Kesamudram and they boarded a passenger train bearing No.324. During the journey, the applicant accidentally fell down from the train at Intikanne Railway Station and sustained injuries. Immediately, the co-passengers of the train informed the same to the Railway Officials, who in turn sent a message to the G.R.P., Warangal for necessary action and thereafter, she was shifted to M.G.M. Hospital, Warangal, for treatment where her left leg was amputated above knee and four toes of her right leg were also amputated, consequent upon the impact of the accident. The applicant was a bona fide passenger of the train. Hence, the claim application is filed. (5) The Respondent filed written statement denying the averments made by the applicant with a plea to dismiss the application. (6) Basing on the above noted pleadings, the following issues were framed by the Tribunal: 1. Whether the applicant was bonafide passenger of train No.324 travelling from Warangal to Kesamudram on 18-10-2006? 2. Whether the Applicant sustained injuries as a result of the train accident? 3. Whether the applicant is entitled to claim compensation as prayed for? 4. To what relief?” (7) On behalf of the applicant, she got examined herself as AW.1 and Exs.A1 to A4 which happened to be certified copy of journey ticket, copy of relevant First Information Report, Admission and Discharge Card and Statement of the injured got marked respectively. (8) Basing on the material available on record, the Tribunal upheld the claim of the applicant and awarded compensation of Rs.3,60,000/- under different heads. Hence, aggrieved by the same, the present appeal is filed. (9) It is the contention of learned counsel for the respondent that only certified copy of the so called ticket was produced only along with the application before the Tribunal and therefore, as per the DRM’s report, the availability of ticket with the applicant, as observed in paragraph No.10 of the impugned order, is doubtful and further, the Tribunal failed to appreciate the matter properly and erred by coming to incorrect conclusions and hence, the impugned order is to be set aside. (10) It is the contention of learned counsel for the applicant that Ex.A1 was not questioned at any time and there is ample evidence that the applicant travelled by the said train holding valid ticket and the respondent never questioned the claim of the applicant in reality and further nobody was examined and no document was marked on behalf of the respondent to establish that the applicant was not a bona fide passenger and hence, he prays to dismiss the appeal. (11) Therefore, it is to be mainly examined as to whether the Tribunal considered the matter properly and arrived at a correct conclusion and its order is tenable or not. (12) The applicant as AW.1 deposed about her travel by the train as claimed in the application. The alleged incident took place on 18.10.2006, whereas the application was filed before the Tribunal on 01.12.2006. The record clearly shows that the applicant received injuries whereas according to her, because of her fall from the train, she received those injuries. It is also important that Ex.A1 was issued by the GRP Warangal only. It clearly provides that on the date of the accident, the original ticket with the applicant was seized by them and subsequently, Ex.A1 was issued as applied on behalf of the applicant. So, these circumstances sufficiently hold that the applicant was a bona fide passenger of the train. Further, surprisingly, nobody was examined and no documents were marked on behalf of the respondent to disprove the claim of the applicant or to establish independently that she was not a bona fide passenger in the train. (13) Hence, the arguments of the learned counsel for the respondent are not tenable and the order passed by the Tribunal is sustainable. (14) On behalf of the applicants, cross-objections were filed seeking to award interest at 6% per annum from the date of application till the date of decree and thereafter, at 9% per annum till the date of realization of the amount. (15) By virtue of a decision of the Honourable Supreme Court reported in Tahazahthe Purayil Sarabi v. Union of India[1], the applicant is entitled to interest at the rate of 6% per annum from the date of application till the date of decree and at the rate of 9% per annum from the date of decree till the date of realization and accordingly it is to be ordered. (16) In the result, the Civil Miscellaneous Appeal is dismissed and the order of the Tribunal is upheld so far as awarding of compensation of Rs.3,60,000/- is concerned and further the cross- objections are allowed awarding interest at the rate of 6% per annum from the date of application till the date of decree and thereafter, at the rate of 9% per annum till the date of realization modifying the order passed by the Tribunal in that context. ___________________________________ Justice G.KRISHNA MOHAN REDDY Dated 01-03-2011. Dvs/Md HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY C.M.A.No.19 OF 2009 Dated 01-03-2011 [1] 2009 (7) SCC 372