JUDGMENT

JUDGMENT BY SHRI SHAILENDRA K. SHARMA

1. This is a claim application filed by the applicant/ injured Jaman @

Chaman under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 124-A of the Railways Act, 1989, seeking compensation to the tune of Rs. 21,00,000/- along-with interest @ 18% per annum from the respondent railway, on account of injuries sustained by him in an alleged untoward incident which occurred on 26.04.2023, while travelling in passenger train.

2. The facts of the case as averred in the claim application are that on

26.04.2023, applicant alongwith his brother Shaluddin, boarded passenger train no. 05419 after purchasing their respective Railway tickets no. UCC 58656269 and 58656270 for going from Araon to Bhogaon; the train stopped at various places and there was heavy rush in the train; the applicant/injured was standing near the gate and when the train was in between Tindauli and Mainpuri Railway Station, due to pull and push of the passengers and sudden jerk he fell down from the train and received grievous injuries; that his left leg below knee was completely crushed and thumb and large finger of the right foot got amputated; he received head injuries also; applicant/injured was taken in 108 ambulance to District Hospital Mainpuri from where he was referred to PGI Saifai; and from PGI Saifai for better treatment he was referred to FH Medical College and Hospital Etmadpur Agra where he was hospitalised and was under treatment till 12.06.2023 when he was discharged from the hospital; his left leg below knee was amputated along with thumb and large finger of right foot. Thus claiming himself to be a bonafide passenger of the train and victim of the incident as defined under Section 123(C) read with Section 124-A of the Railways Act, 1989, applicant has sought compensation along-with interest from the respondent railway.

3. The respondent-railway by way of filing written statement has denied all the contentions and averments as raised in the claim petition by the applicant save and except those which are specifically admitted or those which are matter of record; that the accident took place due to negligence and carelessness of the applicant as the applicant injured has himself admitted in his statement that he was travelling by standing on the gate of the train and he fell down from the running train due to heavy rush; that no documentary evidence has been shown with the claim application to prove the genuineness of the claim; that as per the enquiry report it came on record; that the Deputy Station Master, Mainpuri, was informed by one passenger that from train No. 05419 down, one passenger fell down and on enquiry by PWI/Staff, one person in injured condition was found at KM No. 1267/03, who was attended by Shri Kuldeep P.Way/Staff at 17.55 hrs; that the injured was sent to Hospital in Ambulance; that further it has also came on record that the Train Manager has not saw anyone falling from his train nor any ACP was there, however, when the train departed from Mainpuri, then on duty Deputy SS Mainpuri, informed over walki-talki that in between Mainpuri-Tindoli Halt one person fell down from the train; that in the enquiry, it is found that injured was travelling in the train after purchasing ticket No. UCC 58656269, UCC 58656270 and the same was found genuine; that the injured fell down from the train, while he was travelling by standing on the gate, and suffered injuries for which respondent cannot be held responsible.

On merits, various averments of the claim application are denied para-

wise and a prayer is made to dismiss the claim application.

4. No replication was filed by the applicant. After hearing both the counsels, examination of pleadings of the parties and perusal of the DRM report it is seen that the counsel for the respondent has very fairly admitted that the injured was a bonafide passenger. The order dated

22.09.2023 in this regard is reproduced below:-

“OA/II/U/DLI/217/2023

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