रल॓ दावा अ(cid:8)धकरण, कोलकाता (cid:14)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA BENCH Coram :: Shri Rajeev Jain, Hon’ble Member (Judicial)/RCT/Kolkata.

Claim Application No.OA(IIu)/KOL/2014/0255 Application filed on 23.06.2014 & registered on 24.06.2014 &

Decided on 04.05.2023.

Korman Ali @ Kurban Ali, S/o Seikh Ayub Nobi Address:

Mouja – Nashipur, J.L. No.66, Para/Mohalla – Paschimpara,, Vill + PO: Fulpur (Colony), P.S: Ranitala, Dist: Murshidabad, West Bengal …. Applicant.

-VS-

Union of India represented through The General Manager, Eastern Railway, Kolkata. …… Respondent Application under Section 16 of Railway Claims Tribunal Act, 1987 in respect of claim for compensation for the injury in untoward incident to a train.

Value of claim : Rs.4,00,000/-.

Recorded Advocate: Ms. Oindrila. Sinha, Ld. Counsel for the applicant.

Shri P. Prasad, Ld. Counsel for the Respondent.

िनणय॔

J U D G E M E N T

Basic Details relating to accident as contained in the application:

1) Date of ‘Untoward Incident’ : 06.09.2010.

2) Person Injured : Korman Ali @ Kurban Ali

3) Relationship of the claimant with the Injured : Self.

4) Train involved : Up Lalgola Passenger Contd.……/2.

5) Untoward Incident narrated : The injured fell down from train and sustained injuries, i.e. amputation of left leg through ankle.

6) Place of occurrence of Untoward Incident : Platform No.6 of Sealdah Rly. Stn. 7) Brief description of the fact : The victim sustained injury due to fall from train at platform no.6 of Sealdah Rly. Stn. during his journey from Majerhat to Bhagwangola via Sealdah on

06.09.2010 which is an ‘untoward incident’.

8) Fate of the Journey Ticket : Filing of original 2^nd Class Railway Ticket bearing no.28918298 dated 06.09.2010 Ex- Majerhat to Bhagwangola via Sealdah.

2. The instant case was initially dismissed for default vide Order No.15 dated 16.04.2018. Subsequently, the applicant filed a Restoration Petition which was allowed vide Order No.07 dated 18.06.2019. . 3. The respondent, Eastern Railway has contested the case filing written statement denying all the material averments made in the claim application. The respondent in its ‘WS’ has denied that the victim was a bona fide railway passenger. It has also denied that the incident, as alleged, was an ‘untoward incident’ as there is no concrete proof that the alleged incident was an accidental fallen down from any running train.

4. Upon pleadings of the parties, four issues were framed on 01.12.2015 :-

1) Whether the victim was a bona fide railway passenger of train on the date of incident, as alleged ?

(2) Whether the incident on account of which the victim is alleged to have sustained injury is covered as an ‘untoward incident’ in terms of provision of Section

123(c)(2) of the Railways Act, 1989 ?

3) Whether the applicant being an injured of the alleged incident is entitled to get compensation, as prayed for ?

4) To what other relief, if any, the applicant being an injured of the incident is entitled.

Contd.……/3 .

5. To prove his case, the applicant, Korman Ali @ Kurban Ali @ Md. Kurban Sk. has affirmed an affidavit and produced himself as witness (AW/1). No other witness has been examined by the applicant. On behalf of the applicant following documents have been furnished which were marked as Exhibits as under:-

1) Copy of Aadhaar Card of Korman Ali. … Exhibit A/1 2) Original Railway Ticket No.28918298. … Exhibit A/2 3) IPC Srl. No.4777 of NRS Hospital (Emergency Room) … Exhibit A/3 4) Discharge Certificate of NRS Hospital. … Exhibit A/4

6. The respondent railway has not adduced any oral evidence and has filed DRM’s Report which is marked as Exhibit R/1 (collectively).

7. Heard the arguments of Ld. Counsels of both sides. After examining the records and hearing arguments of both sides, My decisions on the issues are as under :-

कारणो ंसिहत िनण॔य DECISION WITH REASONS Issue No. 2 :-

8.1 For the sake of cogency, Issue No.2 is taken up first for proper adjudication of the case.

8.2 Considered the arguments advanced by Ld. Coun