Point of Law: Liability under Section 124-A of Railways Act, 1989 is a strict, nofault liability.

JUDGMENT :

MANOJ KUMAR OHRI, J.

1. By way of the present appeal filed under Section 23 of the Railway Act, 1989, the appellant/claimant has assailed the order dated 16.05.2014 passed by the Railway Claims Tribunal, Principal Bench, Delhi.

2. The appellant has claimed that he suffered an untoward incident on 05.03.2009 when after purchasing a valid journey ticket bearing No. J90389765 for travel from Delhi Sarai Rohilla, Railway Station to Patna junction, he fell from the moving train and suffered injuries.

3. Learned counsel for the appellant has contended that the Tribunal while rejecting the claim application, failed to appreciate the discharge slip placed on the record issued by the Patna Medical College Hospital, which shows that the appellant had remained admitted in the hospital from 06.03.2009 to 11.04.2009. It is further contended that the only reason for rejecting the claim application was that the details of the incident were given after much delay.

4. Learned counsel for the respondents, on the other hand, has supported the impugned order by submitting that the appellant had failed to establish that the injuries statedly suffered by him were on account of a train accident.

5. I have heard learned counsels for the parties and have also gone through the records of the Tribunal placed on the record.

6. A perusal of the paper book would show that earlier the claim application came to be dismissed vide order dated 15.09.2010 against which the appellant had preferred an appeal before this Court bearing FAO No. 248/2011. This Court while considering the prayer of the appellant to adduce additional evidence in the form of discharge slip, set aside the order dated 15.09.2010 and remanded back the matter to the Tribunal for fresh consideration. Thereafter, the appellant placed on record of the Tribunal, the aforesaid discharge slip however, after considering the matter afresh, the Tribunal again decided to reject the claim application vide the impugned order.

7. In the impugned order, it was noted that the appellant had produced a journey ticket however, it was not issued in the name of any specific person. It was further held that the appellant failed to establish that the injuries suffered by him were on account of a train accident.

8. As noted above, the appellant has claimed to have purchased a second-class journey ticket bearing No. J90389765 for travel from Delhi Sarai Rohilla, Railway Station to Patna Junction. It was further claimed that the appellant boarded the train 2388 Dn Jansadharan Express for the aforesaid journey and when the train reached between Phulwari Sharif and Sachivalaya Halt, he while standing on the gate of the compartment and on account of intense jostling amongst the passengers, lost his grip and fell from the moving train. It was also claimed that the appellant suffered grievous injuries i.e. his right leg below knee was auto-amputated and his left leg was also auto-amputated near the toe.

This Court, during the pendency of the present appeal, referred the appellant for fresh medical assessment to Deen Dayal Upadhyay (DDU) Hospital. A Disability Certificate dated 08.02.2018 has been placed on record issued by the DDU hospital which reads as under:

“This is to certify that Sh. Ranjeet Kumar, Age 24 Years, Male S/o Sh. Dhunmum Ram, KH No-47/15, Ranhola Extension Nangloi, Shafi Pur Ranhola, West Delhi, 110041. Whose Specimen Signature is given below is A case of Post Traumatic Above Knee Amputation upto Upper One third (1/3rd) of thigh Right with Amputation of 5th, 4th and 3rd toes on Left Side with Deformity and Scaring with permanent physical Disability of 81% (Eighty One Percent) in relation to Both Lower Limbs.

This disability is permanent in nature. It is recommended/advised that He/She may be given benefits as per rule.”

9. In the proceedings before the Tribunal, the DRM report was also placed on the record wherein it has been recorded as under:

“It is submitted in the reference of the above subject that th