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2024 Supreme(Online)(Bom) 9315

HIGH COURT OF BOMBAY
G. A. Sanap, J
Kishor S/o Vishnu Bondre – Appellant
Versus
Union of India, through the General Manager, South East Central Railway, Bilaspur – Respondent


Advocates:
For the Appellants/Petitioners: Mr. R. S. Suryawanshi
For the Respondents: Ms. Ashwini S. Athalye

Table of Content
1. appellant sustained injuries after falling from a moving train. (Para 2 , 3)
2. evidence supported that the appellant was traveling with a valid ticket. (Para 10 , 14)
3. negligence does not exclude the possibility of compensation under no-fault theory. (Para 16 , 17)
4. compensation quantification based on legal standards for amputation injuries. (Para 20 , 21)

ORAL JUDGMENT

1. In this appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as “the Act of 1987” for short), challenge is to the judgment and order dated 07.12.2017 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellant-claimant under Section 16 of the Act of 1987 for compensation on account of injuries sustained by him was dismissed.

2. Background facts :-

The appellant claims that on 06.02.2012, the appellant and his friend by name Mangesh Neware, after purchasing the journey ticket, boarded train no. 18474 Dn Jodhpuru – Puri Express to go to Raipur. It is stated that while travelling by the said train, when the train was passing through Dongargarh Railway Station, due to sudden jerk, he fell from moving train. He wa

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