The main legal point established in the judgment is that the compensation amount for railway accidents should be determined according to the rules prescribed at the time of making the order for payment of the compensation, and the provisions related to compensation for different types of injuries under the Railway Accidents and Untoward Incidents (Compensation) Rules were highlighted.

1. The appellant has challenged the order dated 03rd April, 2014,

2. The appellant filed an application for compensation before the whereby his claim petition has been dismissed. Railway Claims Tribunal on the ground that he was working as a constable with Sashastra Seema Bal and posted at Rangia, Assam; he took leave from 29th June, 2009 and went to his village in Warangal District; he was returning after leave from Warangal to Vijaywada from where he had to board a train to Guwahati; he purchased a general ticket from Warangal and boarded the train; he was standing near the gate of the compartment along with his luggage at about 03:30 A.M. on 29th July, 2009 when there was a jerk in the train and due to heavy rush, he fell down from the moving train; he was removed to Government Hospital, Khammam, where he was referred to Gandhi Hospital, Secunderabad, where he remained from 29th July, 2009 to 06th August, 2009; both his legs were amputated; he lost his ticket during the transit and incurred Rs.2 lakh on the medical expenses.

3. The Claims Tribunal rejected the claim on the ground that the appellant did not disclose the details of the journey from Warangal to Vijaywada and the name of the train in which he was travelling. The Claims Tribunal further observed that the incident did not come to the notice of Railway Authorities at Chinthakani Railway Station; it is not known who alerted the ambulance and shifted the applicant to the government hospital at Khammam. The Claims Tribunal observed that no report is given to the railway station authorities by anyone or even by the GRP and no entry was made in the station records. The Claim Tribunal further observed that the appellant has not filed any final report of investigation by the Police or his hospital records. The Claims Tribunal further observed that the discharge card, Ex.AW-1/6 does not disclose that the accident was an accidental fall from any train. The Claims Tribunal concluded that the appellant failed to establish that he was a bona fide passenger of any train and that he met with an untoward accident on 29th July, 2009.

4. The record of the Claims Tribunal has been perused. The appellant has stated in his evidence that he was travelling by train named, Machilipatnam Express. The appellant has clearly deposed in the witness box that he fell down from the aforesaid train on 29th July, 2009.

5. In order to verify the veracity of the appellant’s claim, this Court, vide order dated 18th September, 2017, directed Sashastra Seema Bal, New Delhi to produce the service record of the appellant including the record of the accident dated 29th July, 2009.

6. Mr. Waize Ali Noor, Advocate for Sashastra Seema Bal, produced the service record of the appellant. The photocopy of the same has been taken on record. As per the said record, the appellant as working with Sashastra Seema Bal as a constable and he took 45 days’ earned leave w.e.f. 29th June, 2009 to 12th August, 2009. The appellant reported the accident to his office that he met with an accident while travelling by train at Khammam, Andhra Pradesh and sought an extension of leave, which was granted. The appellant joined the department on 16February, 2010 when he was medically examined and was found that both his legs had been amputated on 31st July, 2009 due to the accidental fall from the train at Chinthakani Gandi railway station at Khammam, Andhra Pradesh. On 10th August, 2010, the appellant was issued a rail concession certificate for 80% handicap due to the amputation of left leg above knee and right leg below knee. Vide certificate dated 10th June, 2011, the appellant’s disability was assessed as 86% permanent disability in relation to both his lower limbs by Safdarjung Hospital, New Delhi.

7. This Court is satisfied that the appellant was a was a bona fide passenger of Machilipatnam Express and he fell down from the aforesaid train at Chinthakani Railway Station, Khammam on 29th July, 2009 and suffered an untoward