JUDGMENT AND ORDER :

J.B. Pardiwala, J.

This First Appeal under Section-23 of the Railway Claims Tribunal Act, 1987 [for short The Act 1987] is at the instance of the original claimant and is directed against the judgment and order dated 29/03/2017 passed by the Railway Claims Tribunal, Ahmedabad Bench in the case No. OA 2015/0116.

2. By the impugned judgment and order, the Tribunal rejected the claim application filed by the appellant herein.

3. It appears from the materials on record that the appellant herein was travelling from Ahmedabad to Mahemdabad by the Vadodara Intercity Express train on 27/05/2014. It is his case that he accidentally fell down from the train on account of a sudden jerk felt by him while travelling through the Kankariya railway yard. The accident resulted in severance of one of his legs above the kneecap.

4. In such circumstances, he preferred an application under Section16 of the Act, 1987 read with Sections-124A and 125 respectively of the Railways Act, 1989 [for short The Act, 1989] for grant of compensation of Rs. 4,00,000/-.

5. The Tribunal framed the following issues:-

1. Whether the applicant was travelling as a bona-fide passenger by the train Vadodara Intercity Express on 27.05.2014?

2. Whether the applicant fell down from the train as alleged and whether the said incident can be described as an untoward incident within the meaning of Section 123(c)(2) of the Railways Act 1989 during journey by the said train?

3. What is the nature and extent of injuries sustained?

4. What order? What relief?

6. The issues framed by the Tribunal came to be answered as under:- Regarding Issues No.1 & 2:-

7. These two issues are taken up for consideration simultaneously for the sake of convenience as they are inter-related.

8. In the instance case, the injured Applicant has disclosed in the claim application as well as in the affidavit that on 27.05.2014, he was travelling from Ahmedabad to Mahemdabad by the train Vadodara Intercity. He had purchased a valid ticket from Ahmedabad railway station for his journey to Mahemdabad which was lost in the incident. As there was heavy rush in the train, he had no option except to stand near the entrance door of the compartment. When the train reached at Kankariya yard he accidentally fell down due to sudden jerk and jolt of the train with the result his leg was cut off from above knee. He was taken to Civil Hospital for treatment. During cross examination he also reiterated that the incident occurred on 27.05.2014 at Kankariya yard. After purchasing the ticket from Kalupur, he was going to Mahemdabad and the fare of the ticket was Rs. 20/-. He also stated that, he was sitting in the train and he got a jolt and fell down from the train. He denied that he brought ticket for Mambail local. In the incident, the purse which he was carrying got lost along with his bag and he do not know as what happened to his ticket as he was in his sense. He also denied that, he fell down while boarding the train. He reiterated that he was sitting in the train fell down due to jolt.

Telephone Vardhi at Exh.A/1 reveals that, on 27.04.2014, Head Constable, Natwarlal, Buckle No. 8380 received a message from CMO, Dr. M.T. Shaikh of Civil Hospital-Ahmedabad that one person named, Pravinbhai Ishwarbhai Vaghela aged about 39 years, after getting down from one train and boarding another train, sustained injuries. He was brought to the hospital by 108 Ambulance at about 16.20 hrs. for treatment. Panchnama of place of incident at Exh.A/2 shows that, one person named Pravinbhai Ishwarbhai by caste Vaghela had fallen down at Kankaria yard between Diesel Road and Signal no.S/12 at KM no.493/35. Sustained injuries on 27.05.2014 and he was admitted in the Civil Hospital for treatment. Panchnama of body conditional at Exh.A/3 indicates that, on 27.05.2014, the patient named Pravindbhai Ishwarbhai Vaghela was travelling from Ahmedabad to Mahemdabad by Mumbai Local train and when the said train stopped at Kankariya yard du

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