The Union Of India Rep By Its General ... vs Sri Veerabhadra @ Virupaxi on 6 August, 2008

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Karnataka High Court

The Union Of India Rep By Its General ... vs Sri Veerabhadra @ Virupaxi on 6 August, 2008

Bench: B.S.Patil

 FILEA:-QF RA£LW;'--.'f CLAIMS TRIBUNAL BANGALORE BENCH, PARTLY
_ =.__AL1;QwING T§1E..VAPPL1cA11oN FILED U/S :6 OF THE :2.c.'r. ACT FOR
 <:Cm_I5ENsA1*zor£.'

'  7£>é;i;ivET1%zED THE FOLLOWING:

MFA 5199.08

IN was man count or mnxnrmm A1' nmcamm
DATEE THIS 1-an osm my or AUGUST, 2008, _ 
BEFORE H  
THE Hox'3Ln ulwusncs a.s.rAj$_1j}-  V  V' 
m.1r.A.no. 5199       
nwrwnsx:   *~ '  '~ ..   "

THE umon OF INDIA,

REPRESENTED BY ITS

GENERAL MANAGER, 

scum CENTRAL RAILWAY N

RAILNILAYAM,  ._   
SECUNDERABAD.   _  :APPm.LAx'r

(BY SR1. N.s.sANJAY      " 

MID:

SR1. VEERABIE-IADRA @.'?!I.RUPA'.'€I  ~  .

SON OFSATY1%_PPAAINA'PURE;»_  " _

23 YEARS,  ' _   v   

RESIDING AT DIGGE§¥AQI.W!,L;AGE,

RAIBAG'I'I.ALIK, "     

BELGAUM 31Z)iS'I'~RIC'l'. " V :RE8POHDEN'r

  'AFI?EA£}  U/S 23(1;or«' THE RAILWAY CLAIMS TRIBUNAL
AGAINS'_I"i'--HE {5Rf;ElR'E§ATED 31.01.2003 PASSED IN o.A. NO.19/2006 on

" T. ' frH;:;'APPEAL comm. on FOR ADMJSSSON TEES DAY, THE comm'



IUIFA 5199.08

Jvmgmm

I. In this appeal, the appellant is calling in quest_io.;:tt~..the

order dated 31.01.2008 passed by the Raiiway Claiégié  

Bangalore Bench, in 0.A.No. 19/2006 a;w_axdxng«   u 

a sum of Rs.2,60,000/ -- together   

from the date of the order till the' date <)t*at:'i11a1    L.

injuries sustained by the mspondetit.V'V:' 

2. An application was     t1erein under
Section 16 of the Railway "£987, against the
mspondent-Raitvééaﬁt '  t V' " 'fer payment of
compensationifgr   him as a result of the
iaﬁvjiteentfteevgaondent herein. who was a

student  L3' _   tit Chikodi was travelhng' from

   '-Castle Rock Passenger train. When the train

  left   when it was negotiatm g a cuxve, zine to

 _ aztddeilu  applicant who was standing near the door lost

   and 11211 down flow. the moving train. His right leg

  was caught under the wheel and his left toe aiso

  under the wheel. The incident happened around 19.00



MFA 5199.08
3

hours on 15.12.2005. On these allegations, he sougthxtgfor

compensation in a sum of 123.4 lakhs.

3. The appellant herein (respondent before'   " 'V 1'

contested the clam)' contending inter not occur due to £2111 ﬁmn the bx' ef * claiming compensation, a false t_ :'Vi'hev:fc1ainmnt examined himselfas AW-I disability certiﬁcate' as AW-'2.,_ Ex§..A.-J1 and marked. The any evidence.

4. record both oral and amumentag, ﬁnding that though the injumd the ticket purchased by him the fact that 11e Atraireltingztin the train had fallen it train and fennel the track in an injured condition after the _ moved to the hospital hr treatment V dearly he was handled at varkms stages by etiﬁ'ereut4_agei1.cies. It was also found that the loss of train ticket of shifting the injured from place to place was Vt ipossible and probable.

MFA 5199.08 4

5. Although Icanlcd Counsel for the appellant subrnitﬁythat in the absence of the train ticket it cannot be said injured was a bonaﬁdc purchaser, the said submiﬁéioﬁ . be accepted in View of the fact t1aat,..t1zg "' unattended due to the fall ﬁom the franc' at; 15.12.2005. Thﬁ neasonjng quite possible that he had the of he being shifted ﬁom one be termed as ilkgal or perverse. ..«g of the evidence on has recorded a speciﬁc was travelling as a 2 day, and as them is no other of mhuttal evidence by the appellant; ' hereilg Viv _c'1'o 11:5? any illegality in the ﬁndings in this regard. Having Iegani to the injuries, the compensation awanzlod at 'R_s;C3,6O,OGO[ 1- along with interest at 9% also does not call for '1 aﬁjnﬁéifcmncc.

MFA 5299.08 5

6. In the result and for the foregoing, this appeal fails the same is dismissed at the stage of admission. KK

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Karnataka High Court