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2018 Supreme(Guj) 780

J.B.PARDIWALA
Pravinbhai Ishwarbhai Vaghela – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
U.M. Shastri, Adv., Archana U Amin, Adv.

JUDGMENT AND ORDER :

J.B. Pardiwala, J.

This First Appeal under Section-23 of the Railway Claims Tribunal Act, 1987 [for short The Act 1987] is at the instance of the original claimant and is directed against the judgment and order dated 29/03/2017 passed by the Railway Claims Tribunal, Ahmedabad Bench in the case No. OA 2015/0116.

2. By the impugned judgment and order, the Tribunal rejected the claim application filed by the appellant herein.

3. It appears from the materials on record that the appellant herein was travelling from Ahmedabad to Mahemdabad by the Vadodara Intercity Express train on 27/05/2014. It is his case that he accidentally fell down from the train on account of a sudden jerk felt by him while travelling through the Kankariya railway yard. The accident resulted in severance of one of his legs above the kneecap.

4. In such circumstances, he preferred an application under Section16 of the Act, 1987 read with Sections-124A and 125 respectively of the Railways Act, 1989 [for short The Act, 1989] for grant of compensation of Rs. 4,00,000/-.

5. The Tribunal framed the following issues:-

1. Whether the applicant was travelling as a bona-fide passenger by the train Vadodara In























































































































































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