TANZEEM MOHAMMED TANVIR SHAIKH vs GMCR

RCT SHOW JUDGEMENT This is an UNCERTIFIED copy for information/reference.

For authentic copy please refer to certified copy only.

In case of any mistake, please bring it to the notice of Registrar.

RAILWAY CLAIMS TRIBUNAL,MUMBAI BENCH 180/P, DEMELLO ROAD, 19/T WIG-WAM MUMBAI-400001 Case No: OA (II u)/MCC/261/2019 Date of Judgement: 27/Sep/2023 TANZEEM MOHAMMED TANVIR SHAIKH ............Applicant Versus Union of India GMCR/CENTRAL ............Respondent BEFORE THE RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI COARM: Shri Hari.

D.

Gujrati,Hon?ble Member (Technical) Shri Alok Upasani, Hon?ble Member (Judicial) Claim Application No: OA (II U) / MCC /0261/ 2019 1.

Mr.

Mohd.

Tanzeem Mohd.

Tanveer Shaikh Aged about 18 years, (Injured) ( Name of the Applicant amendedvide this Tribunal order dated 27.09.2023) Residing at : Near Arpan Building, Pipe Road, 147 A-3,Feetwala compound, Vinoba Bhave Nagar, Kurla (West), Mumbai- 400 070. ?APPLICANT Versus Union ofIndia, Throughthe General Manager, Central Railway, Mumbai C.S.M.T, Mumbai.

400 001 ...RESPONDENT Appearances: Mr.

D.S.

Kulkarni for Mr.

A.V.

Gawde, Advocate for Claimant Ms.

Ankita Rele, Advocate for Respondent: Date of Institution: 18.03.2019 Date of Judgement: 27.09.2023 JUDGEMENT 1.

TheClaim Application has been filed by the Applicant under Sec.

16 of the RailwayClaims Tribunal Act, 1987 read with Sec.

123 (c) (2) & Sec.

124-A of theRailways Act, 1989, for compensation Page No.

1 arising out of an allegeduntoward incident, occurred on 04.01.2019involving injuries of Mr.

TanzeemMohd.

Tanveer Shaikh.

The factual matrix of the matter innut-shell is as below: 2.

It is stated that Mr.

Tanveer Shaikh (hereafter referred as injured), resident of Kurla (West), was travelling by an unknown fast local train from Kurla Railway station to Thane Railway station in the second classcompartment. mpartment.

When the said local trainreached between Vidyavihar Railway station and Ghatkopar Railway station, due to heavy rush and forceful jerk from the inside crowd, he accidentally fell down from the train and sustained grievous The concerned Railway Police with the help ofhamals, initially took the victim toK.E.M Hospital, Parel, Mumbai, for medical treatment.

TheApplicant produced original Second ClassRailway Monthly Season Ticket bearingNo.

UFD 45070923, Ex.

Kurla Railway station to Thane RailwayStation , valid from 01.01.2019 to 31.01.2019, along with the Claim Application.

3.

In response to notice, Respondent ?

Railway Authorityappeared and opposed the claim application.

The Respondent filed written statement and produced on record the DRMreport pertaining to investigation conducted by Inspector/RPF/Ghatkopar,accompanied with other relevant documents marked as ?R-1?.

It has been submitted that pursuant to information received fromSSE , SM/Ghatkopar issued Memo bearing No.

024875 to Shri R.G.

Memane, stating that one person hadfallen down from the train between Vidyavihar and Ghatkopar Railway station at K.M.

No.18/12.

On receipt of the memo GRP/Kurlaattended the spot alongwith the hamals and rushed thevictim to Rajawadi Hospital, Mumbai formedical treatment.

The GRP/Kurla filed a report and set the inquiry into motionvide Injury No.

05/2019 under Sec.

174 of Cr.

PC. dated 05.01.2019.

GRP/Kurla has mentioned in their report about the recovery of Railway Ticket bearing No.

Kurla Railway station to Thane Railway station.

Inthe statement of injured Applicant to the GRP, he has stated that hewas travelling at the entrance of thedoor of the Karjat fast local and fell down at Ghatkopar Railway station.

It isalleged that Travelling by standing near the door of the local train innegligent manner, is an offence punishable U/s.

156 of Railways Act, 1989.

The incident occurred due to thenegligence on part of the victim Mohd.

Tanzeem Mohd. zeem Mohd.

Tanveer Shaikh only and therefore, the Railway Administration isnot responsible to compensate the victim.

As such the injured is not entitled for any compensation. .

4.

Inview of pleading of both parties, and relevant documents produced on record,this Tribunal framed the following issues on26.06.2021, for just andproper adjudication of Claim Application on merit within ambit of law.

1) Whetherthe injured was travelling on valid Railway Ticket and was a bonafide passenger of the train, in question, at therelevant time?

2) Whetherthe injured met with an untowardincident due to fall from the running train, suffered injuries as a resultthereof and the present case is covered under Sec.

123 (c) (2) of the RailwaysAct, 1989?

3) Whatis the nature and extent of injuriessustained by the injured?

4) Towhat order/ relief?

5.

The issues No.

1 & 2 regarding to the injured was travelling on valid ticket & wasa bonafide passenger and the injuriessustained by the Applicant had occurred as a result of an untoward incident, onthe basis of admission made by theRespondent were decided in favour of the Applicants and against the Respondentvide this bench order dated 16.02.2022.

Further the Applicant was directed to appear before the Tribunal to determine the nature of injuries and amountof compensation within two weeks from the date of the order dated 16.02.2022.

6.

That, in order to establishthe claim, the injured Mohd.Tanzeem Mohd.

Tanveer Shaikh stepped into the witness-box and filed his Affidavitdated 27.09.2023, in lieu of his examination-in-chief on record.

He produced the relevant documentscomprising: Sr.

No.

Particulars Exh.

1.

Certified Copy of S.M.

Memo A-1 2.

Certified Copy of Police Report A-2 3.

Certified Copy of the Statement of the Injured Mohd Tanzeem Mohd.

Tanveer Shaikh A-3 4.

Certified Copy of the Statement of the Mohammed Tanveer Manjarali Shaikh, father of the injured A-4 5. red A-4 5.

Certified Copy of Transfer Certificate of Rajawadi Hospital, Ghatkopar, Mumbai A-5 6.

Certified Copy of Follow up Card issued by K.E.M Hospital, Mumbai A-6 7.

Certified Copy of CT Scan A-7 8.

Certified Copy of Discharge card of Millat Nursing Home, Jogeshwari, Mumbai A-8 9.

Aadhar card of the Applicant A-9 10.

PAN card of the Applicant A-10 11.

Original Photograph of the injured showing his injuries A-11 7.

Ld. counsel for the Applicants has mentionedthat there has been a delay of one years, seven months and 25 days in securing presence of Applicant from the stipulated time allowed by the Tribunal due to arranging necessary documents.

In view of this he prayed for condonation of delay in appearance of the Applicants.

Considering the circumstance, as prayed for by the counsel for Applicants delayis condoned.

Based on submissionof Ld.

Counsel for Respondent, since issue No.

1 and 2 have already been decided by this Tribunal order dated 16.02.2022.

Therefore, only Issue No.

3 and Issue No.

4 arebeing deliberated and decided.

ISSUE NO.

3 & 4 8.

Both these issues being interconnected are beingtaken up together for the sake of brevity and better appreciation The Applicant was initially taken to Rajawadi hospital, Mumbaifor medical treatment and thereafter hewas shifted to K.E.M Hospital, Mumbai for better medical treatment and later on he was admitted in Millat Nursing home, Jogeshwari Mumbai for further medical treatment.

The Applicant has submitted Transfer Certificate of Rajawadi Hospital, Mumbai, Follow up card of K.E.M.

Hospital, Mumbai and Discharge Summary of Millat Nursing Home, Jogeshwari, Mumbai wherehe was diagnosed with the following injury; ?

1) Bilateral fracture of femurshaft 2) Splenic laceration leading to Spleenotomy The injury agreed by both the counsels based ondocuments on record during hearing on 27.09.2023, falls under SL.

No. er SL.

30 of partIII viz ?Fractureof major bone femur tibia of both limbs? of part III of the schedule of theRailway Accident and Untoward Incidents (Compensation) Rules, 1990, as amendedin 2016? and as such the injured Applicant is entitled toreceive an amount of Rs.

1,60,000/- as compensation for the injuries ascompensation for the said injuries enlisted under schedule of injuries on the day of incident. .The other injuries sustained by theApplicant i.e Splenic laceration leading to Spleenotomy is the Non-Scheduled injuries, as all theseinjuries do not fall in either Part-II or III of the Scheduleto Rule 3 of ?the Railway Accident and Untoward incidents Compensation) Rules, 1990 as amended in 2016.

Considering the extent ofhospitalisation, post hospitalisation process and suffering the Applicant had undergone for Non-Scheduledinjuries, we are inclined to award an additional amount of Rs.60,000/- ( Rupees Sixty Thousand only) towards Non Scheduled injuries sustained by the Applicant on the day of incident.

Since the date of incident is04.01.2019, therefore, in view of guidelines laid down by Hon?ble Supreme courtin the case of Union of India Vs.

RinaDevi 2018 ACJ 1441, the Applicant isentitled to receive acompensation amount of Rs.

2,20,000/- (Rupees Two Lakh Twenty Thousand only) i.e. { (Rs.1,60,000/- for schedule injuries under Sr.No.

30 ) + Rs.

60,000/- for non scheduledinjuries}, with interest @ 9% per annum from the date ofincident to the date of order (revisedcompensation effective from 1st January 2017), as compensationon account of injuries sustained by him in an untoward incident.

Hence, we pass the following order: O R D E R a) The Claim Application filed under section 16of Railway Claims Tribunal Act, 1987, is hereby partly allowed. b) The Respondent shall pay Rs.

2,20,000/-(Rupees Two Lakh Twenty Thousand only)plus interest @ 9%, from the date of incident to the date of order, to theApplicant as a compensation. pensation. c) The Respondent shall deposit entire amount ofaward in the office of Additional Registrar, RCT Mumbai within 30 days from thedate of receipt of this order. d) In case of default in payment within thestipulated period of 30 days as referred above, the Respondent shall pay aninterest @ 9% per annum from the dateofreceipt of this order till the date of deposit of payment in RCT. e) As per the guidelines delineated by the Ministry ofRailways (Railway Board) vide Notification dated 3rd June, 2020under GSR 347 (E) which came into effect from 1st day of January,2020, after considering the status of the Applicant and to protect the amountfrom being frittered away, an amount of Rs.

2,20,000/- (Rupees Two Lakh TwentyThousand only) plus accrued interest shall be disbursed in the followingmanner. i.Applicant Mohd.

Tanveer Shaikh shallbe permitted to withdraw an amount of Rs.

30,000/- (Rupees Thirty Thousand only), in his Savings Bank Account through NEFT/RTGS, fromthe total awarded compensation amount of Rs.

2,20,000/- (Rupee Two Lakh Twenty Thousand only) plus interest @ 9% per annum. ii.

The balance amount of Rs.

1,90,000/- (Rupees One Lakh Ninety Thousand only) plus interest accrued till date,be kept in the name of Applicant Mohd.

Tanveer Shaikh, in the manner described below.

Applicant?s name.

Amount to be disbursed in favour of Applicant by NEFT/RTGS Amount to be invested in an Annuity Scheme in a Nationalized Bank.

Tanveer Shaikh Rs.

30,000/- (Rupees Thirty Thousand only) Rs1,90,000/- (Rupees One Lakh Ninety Thousand only), plus interest, shall be kept in the form of fixed deposit for a period of three years.

Applicant is allowed to withdraw interest accrued on Fixed Deposit through his Savings Bank Account of the awardee periodically.

On maturity the entire amount with interest, if any shall be credited to the Awardee in his Savings Bank Account. iii. ount. iii.

The Claimant is directed to open anindividual Savings Bank Account in a Nationalized Bank near to the place of his permanent residence.

The Bank is directed not to permit any joint name(s) to be added in theindividual Savings Bank Account or Fixed Deposit Account of the Claimant i.e.the Savings Bank Account of the Claimantshall be an individual Savings Bank Account and not a Joint Account. iv.

The concerned Bank is directed not to issueany Cheque Book and/or Debit Card to the Claimant.

If the same has already been issued, the Bank isdirected to cancel the same before the disbursement of the award amount and the Bank shall freeze the Account of theClaimant so that no Debit Card is issued in respect of the Account of theClaimant from any other branch of the Bank.

The Bank should make an endorsementon the Passbook of the Claimant to the effect that Cheque Book and/or Debit Cardshall not be issued to the Claimant without the permission of the RCT. v.

The concerned Bank of the Claimant isdirected to permit the Claimant to withdraw money from his Savings Bank Accountby means of a withdrawal form only.

TheClaimant is directed to produce the copy of the order passed by the RCT beforethe concerned Bank whereupon, the Bank be directed to make an endorsement onthe Passbook. vi.

The Original Fixed Deposit shall be retained by the Bank in safe custody.

However, the statement containing FDRnumber, FDR amount, date of maturity and maturity amount shall be furnished byBank to the Claimant.

The maturity amount of the FDR be credited by ECS in theSavings Bank Account of the Claimant near to the place of his permanentresidence. vii.

The Bank shall notgrant any loan, advance, withdrawal or pre-mature discharge on the Fixed Deposit without permission of the RCT. viii.

The Claimant isdirected to produce the Bank Passbook with the necessary endorsement as wellas Aadhaar Card and PAN Card before the AdditionalRegistrar, RCT Mumbai.

CT Mumbai.

The ADR shall take thefollowing documents on record from the Claimantbefore releasing the awarded amount: (a) Details of the BankAccount of the Claimant near to the place of his permanent residence withnecessary endorsement on the Passbook. (b) Aadhaar Card and PANCard or any other appropriate ID card; and (c) Twosets of photographs and specimen signature of the Claimant.

06.

There shall be no order as tocost.

07.

The certified copy of this judgment be given to Applicant free of cost.

08.

Accordingly, the Claim Application stands disposed of in above terms.

Judgment pronounced on 27th September, 2023 (ALOK UPASANI) (HARID.

GUJRATI) Member (Judicial) Member(Technical)