JUDGMENT

1. The present appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the impugned judgment dated 09.07.2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter the “Tribunal”) in Claim Application OA II(u) No. 61/2018, whereby the claim application filed by the appellant seeking injury compensation was dismissed.

2. The brief facts of the case are that on 23.12.2017, the appellant was travelling from Gurgaon to Delhi by the Janta Express Train on the strength of a valid journey ticket. It is the case of the appellant that when the train reached Patel Nagar Railway Station, he got down to get water and while attempting to re-board the train, he accidentally fell and sustained grievous injuries resulting in amputation of both his legs.

3. Learned counsel for the appellant assails the impugned judgment by contending that the Tribunal has erred in dismissing the claim despite having returned a categorical finding that the incident in question was an “untoward incident”. It is submitted that the finding regarding absence of bona fide travel is based merely on non-recovery of the ticket at the spot and on the DRM report, b