Railways are strictly liable for injuries sustained in incidents involving bonafide passengers, requiring adequate proof for any defenses raised.

JUDGMENT

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

1. The applicant Ram Ratan S/O Mr. Shri Ram Prasad (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 allegedly sustained by him in a railway incident.

2. It has been averred in the claim application that on 23.03.2019, the applicant was travelling by train on the authority of a second class journey ticket from Ajgain to Kanpur Central Railway station. During the course of travelling, he accidentally fell down from the train at Unnao railway station and sustained grievous injuries i.e. right hand amputated from below elbow, head injury with other multiple injuries all over the body. After the alleged incident, the injured was hospitalized in District Hospital, Unnao, but due to serious condition, he was admitted and treated in K.G.M.U.(Medical College) Lucknow.

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. Apart from denying the allegations of the applicant, it is contended inter alia that the applicant was not as passenger of the train in question. Accordingly, this incident was not covered under the definition of untoward incident under Sec. 123 (c) (2) read with Sec. 124-A of the Railways Act, 1989 and the respondent is fully protected under exemption clause of Section 124-A of Railways Act, 1989 . 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 28.07.2021 for adjudication:

i) Whether the injured person was a bonafide passenger of the train in question?

ii) Whether incident of sustaining injuries by the injured falls under the ambit of Section 124A of the Railways Act, 1989 ?

iii) What are the injuries sustained by the injured applicant?

iv) 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 23.11.2022. The applicant has relied on the original journey ticket No. UAB 32687960, certified copy Police GD, copy of medical report of GSVM Medical College, Kanpur and medical reports of K.G.M.U., Lucknow with several medical reports. The applicant has also filed his affidavit as additional affidavit, followed by his cross-examination on 24.07.2025 on behalf of the Ld. Counsel for the respondent.

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

7. Heard the learned counsel representing the respective parties and carefully perused the material on record. My findings on the issues are involved are as under:

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 23.03.2019 , the applicant was travelling by train on the authority of a second class journey ticket from Ajgain to Kanpur Central Railway station. During the course of travelling, he accidentally fell down from the train at Unnao railway station and sustained grievous injuries i.e. right hand amputated from below elbow, head injury with other multiple injuries all over the body. In order to prove his case, applicant has filed original journey ticket No. UAB 32687960 from Ajgain to Kanpur Railway station, which has not be