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B.K.TAIMNI, S.N.KAPOOR
Jatinder Chand Juneja – Appellant
Versus
Union of India, Central Railway – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Shri S. Aggarwal, Advocate.
For the Respondent:Shri S.A. Sattar, Advocate.

ORDER

B.K. Taimni, Member—Petitioner was the complainant before the District Forum where he had filed a complaint alleging deficiency in service on the part of the respondent.

2. Briefly stated the facts leading to filing of the complaint were that the petitioner/ complainant who was a pass-holder of the Railways boarded the train on 29.8.1993 leaving Palwal at about 6.45 a.m., but when the train crossed old Faridabad Railway Station, a ladder of signal made of cast iron/steel which was not fixed with the signal and was bending, and stood elevated to such an angle that the same was touching the train through the windows suddenly collided and struck the hands and shoulders of the passengers travelling in the train including the complainant. After which he was admitted in the Holy Family Hospital, New Delhi. FIR was filed and Railway Police Post at Hazarat Nizammudin Railway Station, Delhi was also informed. It is in these circumstances the complaint was filed before the District Forum seeking compensation. The District Forum by majority judgment directed the respondent to pay compensation of Rs. 1,00,000 along with interest and cost of Rs. 2,000. By minority judgment by the Presiden








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