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2013 Supreme(Ker) 532

K.M.JOSEPH, A.HARIPRASAD
P. T. Joseph @ Thomas Jacob – Appellant
Versus
Union of India represented by The Genral Manager, Southern Railway Chennai – Respondent


Advocates Appeared:
For the Appellant:Martin G. Thottan, T. Aby Jacob, Advocates.
For the Respondent: Mrs. P.A. Mrs. Reziya, Standing Counsel, Railways.

Judgment :

A. Hariprasad, J.

1. The prominent question that arises for consideration in this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is this:

When a person sustains injury while attempting to board a moving train from the off side (ie., from the side where there is no platform), can it be said that he suffers a self-inflicted injury under Section 124A Proviso (b) of the Railways Act, 1989?

2. Shorn of unnecessary details, relevant facts are the following:

Appellant/applicant along with his daughter and brother's son went to Irinjalakuda from Changanacherry by train on 18.07.2010. He wanted to return to Changanacherry on the same day by another train. He reached Irinjalakuda station at about 3.15 p.m. and bought second class tickets for three adults. They went to the platform of the railway station. At that time, the train coming from Shornur and bound to Thiruvananthapuram was on the platform. His daughter entered the train. While the appellant was getting into the train, suddenly it started moving. His legs slipped and he fell from the train sustaining injuries all over body, including traumatic amputation of right leg below knee. He was taken to Taluk H



















































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