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2026:APHC:18577 APHC010273252020

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO: 179/2020

Between:

1. G OTTIMUKKALA KIRAN BABU, S/O LATE G.KOTESWAR RAO AGED ABOUT 44 YEARS, POLICE CONSTABLE NO. 1338, A.P. SPECIAL

POLICE, 6TH BATALLION, MANGALAGIRI GUNTUR DISTRICT.

...APPELLANT AND

1. T HE UNION OF INDIA, The Union of India, rep. by its General Manager, South Central Railway Secunderabad.

...RESPONDENT Appeal Under Section_____ against orders pleased to allow the C.M.A.,

by setting aside the Judgment dt. 172-2020 passed in 0.A.II (U) No. 384 of 2013 on the file of the Railway Claims Tribunal, Amaravati Bench, Guntur and

to grant Counsel for the Appellant:

1. P L RAO Counsel for the Respondent:

1. M UMA DEVI (CENTRAL GOVT COUNSEL)

The Court made the following:

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2026V:AS,PJ HC:18577 C.M.A.No.179 of 2020 JUDGMENT:

The present appeal is filed by the appellant/applicant challenging the

order dated 17.02.2020 in O.A/II (u) 384 of 2013 on the file of the Railway Claims Tribunal, Amaravati Bench, Guntur, whereby and whereunder the Tribunal dismissed the application of the applicant/appellant herein, as against the claim of Rs.8,00,000/-, on account of the serious injuries sustained by the injured/applicant Gottimukkala Kiran Babu in a train accident that occurred on

03.09.2008.

2. For the purpose of convenience, the parties will be referred to as they

are arrayed before the Tribunal.

3. The applicant filed the claim petition before the Tribunal under section 16 of the Railway Claims Tribunal Act, 1987 read with section 124/124A of

Indian Railways Act, 1989 the case of the applicant, in brief, as follows:

The applicant was under training of Head Constable in Kondapur 8^th

Battalion. He went on leave to Guntur to see his mother-in-law, who was not doing well. On 03.09.2008 at about 2.30 pm, the injured, along with his nephew, G. Krishna Rao, went to Guntur Railway Station and purchased 2^nd class train journey ticket from Guntur to Adilabad via Secunderabad for Intercity Express Train No.2705 and he had to change the train at Secunderabad to got to Adilabad. He also purchased a platform ticket for his nephew and the nephew, after giving send-off, returned to home at Guntur. During journey, the injured went to toilet and washed his hands in the wash-

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2026V:AS,PJ HC:18577 C.M.A.No.179 of 2020

basin and at that time, due to sudden jerks and jolts of the train, he fell down from the running train and sustained serious injuries and his both legs were cut as his legs crushed under the wheels of the train. Immediately he was shifted to Government Hospital, Vijayawada, where he got first aid and subsequently he was shifted to Yasodha Hospital, Somajiguda where he had

taken treatment for nine days.

4. The respondent Railway filed written statement denying the various averments made in the application. It is contended that there was no report available with the Railways about this incident, since some unknown person informed to 108 ambulance, without passing any information to Railway authorities. In the Statutory inquiry Report, it was concluded that the incident took place due to Applicant’s gross negligence as he was standing near the doorways and fallen down due to giddiness only as per the version of injured. As such the claim does not fall within the ambit of section 123(c ) read with section 124A of the Railway Act, 1989. Hence, claim application deserves to

be dismissed.

5. Basing on the pleadings, the Tribunal framed the following issues for

trail:

“1. Whether the Applicant was a bona fide passenger of the train and sustained injuries as a result of an untoward incident?

2. Whether the Applicant is entitled to claim the compensation as prayed for and to what relief?”

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2026V:AS,PJ HC:18577 C.M.A.No.179 of 2020

6. On behalf of the appellant/applicant, he himsel