रल॓ दावा अ(cid:8)धकरण, कोलकाता (cid:14)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA BENCH Coram :: Shri Sanjay Singh Gehlot, Hon’ble Vice-Chairman, RCT/Kolkata.

Shri Rajeev Jain, Hon’ble Member (Judicial)/RCT/Kolkata.

Claim Application No.OA(IIu)/KOL/2019/0041 Application filed on 18.02.2019 & registered on 07.03.2019 &

Decided on 24.05.2023.

Abhishek Choudhary, S/o Gopal Choudhary Address:

30/7, Gandhi Nagar, Kanta Danga Road, Bhatt Para, P.O: Kankinara, P.S: Jagaddal, Dist: North 24 Parganas, Pin Code – 743 126 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.6,00,000/-.

Recorded Advocate: Shri A.K. Sahay, Ld. Counsel for the applicant.

Shri S.M. Roy, 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’ : 18.10.2018.

2) Person Injured : Abhishek Choudhary.

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

4) Train involved : Local train.

Contd.……/2.

5) Untoward Incident narrated : The injured fell down from train and sustained injuries, i.e. amputation of right leg below knee &

injuries on his right shoulder and right hand.

.

6) Place of occurrence of Untoward Incident : Platform no.2 of Dum Dum Stn.

7) Brief description of the fact : The victim sustained injury due to fall from train at platform no.2 of Dum Dum Station during his journey from Sealdah to Kankinara Railway Stations on

18.10.2018 which is an ‘untoward incident’.

8) Fate of the Journey Ticket : Filing of certified Return Rly. Ticket bearing no.86569356 dt. 18.10.2018 Ex. Kankinara to Ballygunge via Sealdah.

2. 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.

3. Though issues were framed earlier, but for proper adjudication, the issues are recast as under :- -

1) Whether the incident on account of which the victim is alleged to have sustained injury and can be termed as an ‘untoward incident’ as defined under Section

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

2) Whether the victim was a bona fide railway passenger ?

3) Whether the applicant is entitled to get compensation, as prayed for ?

4) To what other relief, if any, the applicant is entitled.

4. To prove his case, the applicant, Abhishek Choudhary 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:-

Contd.……/3.

1) Certified copy of Railway Journey Ticket bearing no.86569356. … Exhibit A/1 2) Certified copy of GDE No.1017 of GRPS/ Dum Dum … Exhibit A/2 3) Certified copy of Seizure List. … Exhibit A/3 4) Certified copy of P.M. Report of amputated leg. … Exhibit A/4 5) Two OPD Certificates. … Exhibit A/5 6) Two Medical Certificates of R.G. Kar Hospital. … Exhibit A/6 7) Discharge Certificate of TRA Hospital. … Exhibit A/7 8) Copy of Disability Certificate. … Exhibit A/8 9) Copy of Aadhaar Card of Abhishek Choudhary. … Exhibit A/9

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

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

कारणो ंसिहत िनण॔य DECISION WITH REASONS Issue No. 1 :-

7.1 Considered the arguments advanced by Ld. Counsels of both sides and perused all the document