( 1 ) THIS appeal is by the appellant being aggrieved by the order made by the Railway Claims Tribunal, Bangalore Bench, oni 28-8-1992 in O. A. No. 85/ 1992 holding that the application of the appellant for compensation under Section 13a (II) of the Railway Claims Tribunal Act ('the Act' for short) was not maintainable.

( 2 ) WE have heard the learned Counsel on both sides.

( 3 ) THE case of the appellant is that when he was about to board the Bangalore-Hyderabad Express Train, a heavy iron girder which was loosely and carelessly fixed for electrification work, suddenly fell on the train and thereafter on him causing grievous injuries to him. Therefore, he approached the Claims Tribunal seeking compensation under the provisions of Section 13a (II) of the Act. The Tribunal considering the maintainability of the application under S. 82-A of the Indian Railways Act, 1890, (Section 124 of the present Act, 1989), held that the application was not maintainable and directed the appellant to seek remedy before appropriate forum. Hence, this appeal.

( 4 ) SRI A. V. Gangadharappa, learned counsel appearing for the appellant, argued that there was a clear averment in the claim petition that w

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