This appeal is directed against the order dated 10-11-2006 in OAA. No. 45 of 2004 on the file of Railway Claims Tribunal, Secunderabad, wherein the claim of the appellant herein for compensation; was dismissed.

2. Heard both sides. Perused the records.

3. The appellant herein filed claim application before the Tribunal seeking compensation of Rs. 4,00,000/- under Section 124-A and 125 of the Railways Act (for short 'the Act') for the injuries sustained by him in an untoward incident of accidental fall. According to him on 20-02-2004 while he was travelling by 170 (Push-Pull Train) between Mahaboobabad and Warangal, he accidentally fell down from running train due to sudden jerks and jolts while train was passing between Tallapusalapalle and Intikanne Railway stations and both his legs were cut in the middle of the thigh and left hand was cut at arm, as the wheels of train passed over them. He was travelling with a valid ticket from Mahaboobabad to Warangal.

4. The respondent-Railways contendea that as per the Passenger Guard of Train, it arrived at T allapusalapalli station at 1"7.18 hours and after starting the train, he found a male person trying to board the running train. Though the appellant was a bona fide passenger, he has fallen from the train due to his own negligence while boarding running train and hence, the railways are not liable to pay any compensation.

5. The Tribunal on appreciation of the evidence on record dismissed the claim application on the ground that the claimant fell down from the train due to his own negligence in trying to board the running train after it started from Tallapusalapalle and therefore, it is not an untoward incident. Hence, the appeal.

6. It is not disputed that the appellant was a bona fide passenger, having valid ticket EX.A-5 from Mahaboobabad to Warangal and was travelling by Train No. 170 on 20-2-2004. The specific case of the appellant in his application is that while the train was running between Tallapusalapalle and Intikanne railway stations, he accidentally fell down from the running train due to jerks and jolts resulting in injuries to the legs and hands. In the evidence, he however, stated that when the train started from Tallapusalapalle RS, he accidentally fell down from the running train, as he was standing at the door. There is a major shift in the stand taken by the appellant from the pleading to the evidence on the aspect as to how the incident occurred. His evidence that he fell down from the train while he was standing at the door and when the train started from Tallapusalapalle RS is totally at variance with his first version that he fell down from a running train due to jerks and jolts. Apart from the apparent contradictions between two versions, the question of his falling from the train does not arise, unless he was standing at the door or on the footboard while the train was on move, which he was not expected to do. If he was inside the train while it was on the run, the question of his falling from the door does not simply arise, unless he stood at the door while the train was in motion. The evidence of R.W.1 - Railway Guard and R.W.2 - Station Master of Tallapusalapalle RS is to the effect that the train halted at Tallapusalapalle and again when it started moving, the appellant tried to board into the compartment and slipped and fell down. Their testimony is corroborated by the entries in EX.R-1 Rough journal of the Guard to the effect that a male person has fallen down and ran over by the train while he was trying to board the train.

7. Learned counsel for the appellant would contend that as the appellant was travelling from Mahabubabad to Warangal, the question of his boarding the train at Tallapusalapalle RS does not simply arise. Simply because the appellant was holding a ticket from Mahaboobabad to Warangal, no inference can be drawn that he did not get down on to the platform. Even according to the appellant, the train halted at Tallapusalapalle and h