RAJEEV GUPTA, A.K.MISHRA
Union of India – Appellant
Versus
Mulko Bai – Respondent
Mishra, J. -- 1. Union of India has filed the present appeal u/s 23 of the Railway Claims Tribunal Act, 1987, aggrieved by award dated 243.1999 passed by the Railway Claims Tribunal, Bhopal in O.A. No. 424/97.
2. The Claims Tribunal has awarded a sum of Rs. 1,80,000/- as compensation to the respondent-claimant for amputation of her left arm above elbow. Mulko Bili had met with an accident on 17.5.1991 when she fell down from a train at Sanchi Railway Station in between Beena and Bhopal, train overran her resulting in the said .injury. The case has a chequered history. The claim petition was filed before the Claims Tribunal on 25.1.1993. It appears that the Claims Tribunal vide order dated 14.12.1994, ordered the claim petition to be transferred to the civil Court for its trial. The case was transferred to the civil Court for trial before the 4th Addl. Sessions Judge. Later on an objection was raised by the Union of India about the jurisdiction of civil Court to try the cases based on section 13 of the Railway Claims Tribunal Act, 1987. The 4th Addl. Sessions Judge, came to the conclusion on 18.9.1997 that the case is triable by Railway Claims Tribunal only, hence, the case was
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