JUDGMENT

Hon’ble Mr. Justice Bachchoo Lal, Member (Judicial)

1. The applicant, Sachin Kumar Gupta S/O Late Radha Mohan Gupta (hereinafter called as “the injured”) has filed this claim application under Section 16 of the Railway Claims Tribunal Act, 1987 against the respondent Railway administration for payment of compensation for injuries sustained by him in a railway accident.

2. It has been averred in the claim application that on 30.01.2019, the applicant was travelling by train Sangam Express with his wife and son on the authority of a second class journey ticket No. UAC 69659061 from Moradabad to Kanpur Railway station. When the said train was moving near Panki Railway station, a passenger namely Sumit Kumar came and began to misbehave/tease with his wife. On being objected, that person began aggressive and began to fight with the injured applicant. He biffed the punched in the left eye of the injured applicant resulting into bleeding started from the left eye of the injured applicant and his left eye was completely injured and damaged. When the train arrived at Kanpur Railway station, the applicant lodged FIR in PS/GRP, Kanpur. The applicant was admitted and treated in LLR Hallot Hospital, Kanpur, for treatment, but unfortunately, the left eye of the applicant could not be recovered. Hence, this claim application for compensation has been filed.

3. Notice of the claim application was issued to the respondent who filed reply by way of written statement wherein the respondent contested the claim of the applicant. Accordingly, this incident was not covered under the definition of untoward incident under Sec. 123 (c) read with Sec. 124A of the Railways Act, 1989. A specific plea was taken by the respondent that as per investigation report annexed with the DRM that on 30.01.2019, the applicant was travelling with his family in general coach of the train No. 14164 DN. Sangam Express from Moradabad to Kanpur Central Railway station and during journey, a mutual hit with one of the passengers namely Sumit Sharma, the incident was taken place near Panki Railway station and he applicant got injury in his left eye. Hence, the application is liable to be dismissed with costs.

ISSUES

4. On the basis of pleadings of the parties, following issues were framed by this Tribunal on 08.07.2021 for adjudication:

1. Whether the injured person was a bonafide passenger of the train in question?

2. Whether incident of injured person falls under the ambit of Section 124A of the Railways Act, 1989?

3. What are the injuries sustained by the injured applicant?

4. To what relief?

5. During the course of enquiry/trial, the applicant appeared before this Tribunal and tendered his affidavit as AW-1. He was cross- examined on behalf of the respondent on 07.12.2021. The applicant has relied on the original journey ticket No. UAC69659061, copy of FIR No. 0042 dated 31.01.2019, copy of Police GD, original discharge slip of GSVM Medical College, Kanpur with copy of other medical reports etc.

6. The respondent Railway administration has filed the statutory investigation report duly approved by the Additional Divisional Railway Manager (hereinafter referred as the “DRM”), Prayagraj containing some documents in evidence.

7. Heard the learned counsel representing the respective parties and carefully perused the material on record.

FINDINGS Issue Nos. 1 and 2

8. These issues being inter-connected have been simultaneously taken up together for discussion. It is the case of the applicant that on 30.01.2019, the applicant was travelling by train Sangam Express with his wife and son on the authority of a second class journey ticket No. UAC 69659061 from Moradabad to Kanpur Railway station. When the said train was moving near Panki Railway station, meanwhile, a passenger namely Sumit Kumar came and began to interfere with his wife. On being objected that person began aggressive and began to fight with the injured applicant. He biffed the punching in the left eye of the injured appl