FA/356820/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3568 of 2008 For Approval and Signature: 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 ? ========================================================= VIJAY CHATURBHAI DANTANI - Appellant(s) Versus UNION OF INDIA - Defendant(s) ========================================================= Appearance : MR MANOJ SHRIMALI for Appellant(s) : 1, MRS SHILPA R SHAH for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 23/09/2008 ORAL JUDGMENT 1.0. This appeal is directed against the judgment and award dated 28.12.2007 passed by the learned Railway Claims Tribunal, Ahmedabad in Case No. OA-0500045, whereby the said application was dismissed. FA/356820/2008 2/3 JUDGMENT 2.0. The short facts of the case are :- 2.1. On 03.06.2004, the appellant was travelling in the Baroda bound Ahmedabad-Baroda Memu Train No. 714. It is the case of the appellant that due to heavy crowd, jostling and sudden jerk, the appellant fell down from the trial and sustained serious injuries on various parts of his body. After taking necessary treatment from LG Hospital, Ahmedabad the appellant preferred an application before the Railway Claims Tribunal, Ahmedabad being Case No. OA-0500045, claiming compensation for Rs.2,00,000/- The learned trial Judge, after hearing the parties and after considering the evidence on record, dismissed the said application vide judgment and award dated 28.12.2007. 2.2. Being aggrieved by the said order, the appellant has approached this Court by way of this appeal. 3.0. Heard learned counsel for the parties. It is averred in the claim petition that the appellant had sustained the injuries in question on account of the accident, which occurred on 03.06.2004 while travelling in the Memu Train from Maninagar to Nadiad. However, from perusal of the record, it appears that no such FA/356820/2008 3/3 JUDGMENT accident had occurred in the Memu train No. 714 on that date i.e. 03.06.2004. Apart from that the appellant is also unable to produce on record the ticket which he had purchased for travelling in the said train. 3.1. Considering the facts of the case, in my opinion, the learned trial Judge was completely justified in passing the impugned judgment. I am in complete agreement with the findings recorded by the learned trial Judge and hence, find no reason to interfere in this Appeal. 4.0. In the result, the appeal is dismissed. No order as to costs. [K.S. JHAVERI, J.] /phalguni/