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Documents citing Union Of India vs Kiran Kanojia on 29 November, 2018

Geeta Devi vs Union Of India on 24 June, 2021

"3. FAO 265/2014 titled Union of India vs. Kiran Kanojia is listed before this Court today. That case relates to a girl named Kiran Kanojia, daughter of a washerman named Bhikha Kanojia and resident of a jhuggi in Faridabad, who was picked up by a NGO who helped her in education whereupon she completed her BCA and got employment in Infosys at Hyderabad. After joining, she was coming back from Hyderabad to meet her parents by Andhra Pradesh Sampark Kranti Express, Train No.12707 (Coach No.S-5, Berth No.68 was holding valid ticket bearing PNR No.4654499444 reserved through Tatkal). She was sitting on the lower berth near the gate and the train was passing slowly through Palwal station when a boy snatched her bag containing the valuables and she was dragged with the bag towards the gate of the coach. In the meantime, the accomplice of the thief pushed her from behind due to which Kiran fell down from the train and her left leg got entangled with the footboard of the coach. Both the thieves ran away with the bag. Kiran was crying loudly due to the pain whereupon some passenger pulled the chain and the train stopped. One elderly person got down W.P.(C) 7553/2015, FAO 265/2014, FAO 403/2017, FAO 22/2015 & RFA 457/2017 Signature Not Verified Page 10 of 31 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:29.06.2021 19:06:35 and tied Kiran‟s leg with a cloth and made her lie down from the train and she was taken out at Old Faridabad Railway Station where the T.T. of Railways took her to Escort Fortis Hospital, Faridabad in the police jeep where her left leg was amputated at below knee level on 24 th December, 2011 and she was discharged on 05th January, 2012. She underwent another surgery on 21 st January, 2012 for de-bridgement, skin grafting and plaster application. She remained hospitalised from 21st January, 2012 to 27th February, 2017.
Delhi High Court Cites 15 - Cited by 0 - J R Midha - Full Document

Pti Employees Union vs Press Trust Of India Ltd on 18 September, 2020

In Union of India v. Kiran Kanojia, 2018 SCC OnLine Del 12830, Kiran Kanojia, daughter of a washer man who was residing in a jhuggi in Faridabad and she was picked up by NGO who helped her in education and she completed her BCA course and she got an employment in Infosys at Hyderabad. On 24th December, 2011, Kiran was coming back from Hyderabad to meet her parents by train. She was holding a reserved valid ticket and this was her first visit after joining Infosys. She was sitting on the lower berth near the gate of the coach and the train was passing slowly through Palwal Station when a boy snatched her bag containing valuables and she was dragged with the bag towards the gate of the coach. In the meantime, an accomplice of a thief pushed her from behind due to which she fell down from the moving train and her left leg got entangled in the footboard of the coach. Both the thieves ran away with her bag. The passengers stopped the train by pulling the chain and she was pulled out and put on the train which moved towards Old Faridabad Railway Station where the Railway staff/Police took her to Fortis Escort Hospital, Faridabad in the police jeep where her left leg was amputated below knee level on 24 th December, 2011. She was discharged from the hospital on 05 th January, 2012. She underwent another surgery on 21st January, 2012 and she remained hospitalized up to 27th February, 2012. On 06th July, 2012, she filed an application for compensation before Railways Claims Tribunal which was allowed on 25th April, 2014 and compensation of Rs.3 lakhs was awarded to her. Railways challenged the award of the Railway Claims Tribunal for reduction of the amount. This Court did not find any merit in the Railways appeal. In the meantime, the claimant also filed cross-appeal to seek enhancement. Vide judgment dated 29th November, 2018, this Court Signature Not Verified W.P.(C) 10596/2018 & W.P.(C) 10605/2018 Page 36 of 54 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:18.09.2020 20:24:15 enhanced the compensation from Rs.3 lakhs to Rs.5 lakhs. In this case, the claimant Kiran Kanojia availed the statutory remedy for claiming compensation before the Railway Claims Tribunal. However, the facts of this case clearly constitute 'Exceptional circumstances' as the claimant suffered a major accident while travelling in train which resulted in the amputation of her left leg and she was hospitalized; she belonged to a very poor family and had no means to bear the hospitalization charges for her treatment/amputation and therefore, she required the compensation immediately and all the relevant facts were matter of record and undisputed. This was a fit case for exercise of writ jurisdiction if the claimant had filed the writ petition instead of invoking the alternative statutory remedy.
Delhi High Court Cites 53 - Cited by 5 - J R Midha - Full Document
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