1. In this appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as “the Act of 1987” for short), challenge is to the judgment and order dated 22.04.2022 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellant-claimant under Section 16 of the Act of 1987 for compensation was dismissed.

2. Background facts :-

It is the case of the appellant that on 11.02.2019, he along with his father was travelling by Train No. 12139 Nagpur- Mumbai (CSTM) Sewagram Express from Nashik Road to Akola. After purchasing the valid journey ticket, near Lasalgaon Railway Station, due to heavy rush and sudden jerk to the train, he fell from the moving train. He sustained injury to his right leg. His right leg has been amputated below knee. The journey ticket was with him. It was lost in the accident. He was a bona fide passenger. He sustained injuries in an untoward incident.

3. The respondent-Railway filed written statement and opposed the claim. It was contended that the injured was not a bona fide passenger. The journey ticket was not found with him. The injured was under the influence of liquor. He was do