J.B. Koshy, J.

Claimant before the Railway Claims in O.A. No. 191 of 1996 is the appellant herein. On 13.11.1995 at about 7 A.M. while she was boarding the train Vanchinadu Express (Ernakulam Trivandrum) from Kottayam Railway Station, there was a sudden jolt, and the appellant lost her hold and slipped and fell on the rail through the gap between the platform and the train, thereby the train ran over to the foot of the Appellant cutting the same and she sustained injuries on both side of the eyes. The appellant's left leg was amputated and now she is using crutches and wheel chair. She claimed an amount of Rs. 4 lakhs as compensation. Respondent Railway pleaded that the applicant fell down due to her own negligence and applicant has to give proof that she was a bona fide passenger. In paragraph 5 of the reply statement it was also stated that liability of the respondent is subject to Railways Act, 1989 and Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. In effect it is admitted that appellant fell down from the train, but according to the Railway, she was not a bona fide passenger and if she is a bona fide passenger, she will get compensation only as