UNION OF INDIA Vs. LAXMAN GURUNG

JUDGEMENT

(1.) This appeal under Section 23 of the Railways Claims Tribunal Act, 1987, herein after referred to as the Act, against the order dated 22.2.91 passed by the Tribunal awarding Rs. 25,000/- as compensation to the respondent claimant.

(2.) The learned counsel appearing for the appellant Union of India at the very outset submitted that it is not so much for the amount involved, but the wrong principle which had lead Union of India to file this appeal.

(3.) Few basic facts may now be noted. The claimant ~ respondent was travelling by 18 Dn. Dooars Express on 12.4.88 from Guwahati to Siliguri when the train met with an accident between Bijni and Chaprakata Railway Station. The claimant sustained fracture on his right hand and left leg, he was admitted to Railway Hospital at Bongaigaon where after about a weeks' treatment he was discharged on 18.4.90 with instruction to consult the Medical Superintendent, Tindharia Railway Hospital. The injured had to be taken to a private medical practitioner as there was no improvement in his treatment by the Railway doctors. These treatment by private doctor entailed heavy expenses, he thereafter filed an application for compensation against Railway administration claiming Rs.3,55,000/- as compensation. The appellant resisted the claim. The Tribunal framed the following issues on the basis of pleadings.