BEFORE THE RAILWAY CLAIMS TRIBUNAL, GORAKHPUR BENCH, GORAKHPUR CASE No. OA (IIU)/ GKP/2013/350 Mr. Deepak Nath Tiwari, MJ, RCT Gorakhpur Bench PARTIES Babloo S/o Radhe Shyam resident of Village -Bankati, Po Lok Vidyapeeth Nagar, PS Faranda, Distt. Maharajganj ……Applicant Versus Union of India through General Manager, N.E. Railway, Gorakhpur ………….Respondent.

Date of Incident : 15.12.2012 Date of Filing : 02.09.2013 Date of argument : 14.07.2023 Date of decision :18.07..2023 Learned Counsel for the Applicant - Shri A.K. Srivastava Learned Counsel for Respondent - Shri S.K. Srivastava

JUDGMENT

Deepak Nath Tiwari, Member Judicial

1. This is an application filed by the Applicant under section 16 of the Railway Claims Tribunal Act, 1987 of against the Respondent Railway administration seeking compensation for injuries sustained during a train

1 e journey due to an untoward incident in which applicant namely Babloo sustained injuries.

CASE OF APPLICANT

2. The applicant has sought compensation related to an untoward incident defined u/s 123(c) (2) of the Railways Act, 1989. According to his pleadings mentioned in the instant OA, the injured on 15.12.2012, purchased a railway journey ticket no. 86148464 from Gorakhpur Jn. To Anand Nagar Railway Station and boarded the passenger carrying train no. 55043. It is alleged that due to thrust of the passengers, he accidentally fell down from the train and sustained grievous injuries, as a result of which, his both feet were amputated. He was admitted for treatment to BRD Medical College Gorakhpur.

The first information to the said incident was given by the applicant to Senior Police Superintendent /S.O GRP Gorakhpur/Police Superintendent NER Gorakhpur by sending written application to the effect that on 15.12.2012, he purchased a railway journey ticket no. 86148464 from Gorakhpur Jn. To Anand Nagar Railway Station and boarded the passenger carrying train no. 55043, which had arrived after 4 hours from its scheduled time. Due to thrust of the passengers, he accidentally fell down from the train and his right leg was crusted to sever below his knee in two parts. Therefore his friends who were co-passengers of the same train had removed him to BRD Medical College Gorakhpur and got him

2 e admitted in BRD Medical college where his medical treatment was done from 16/12/2012 to 09/01/2013.

2.1 The applicant has sought a compensation amount to the tune of Rs

4,0000/- (Four lac rupees) along with interest.

2.2 Applicant appeared and filed his examination-in-chief on oath in support of his case. Applicant has filed original Railway Journey Ticket, copy of Medical treatment letter issued by Emergency Medical Officer BRD Medical College, Gorakhpur, Copy of Discharge Slip of BRD Medical College, Gorakhpur, Copy of application addressed to GRP/Gorakhpur and SSP/Gorakhpur regarding incident.

2.3 He was cross examined and discharged. Questions, in terms of Rule 5.4.1 railway accident and untoward incident (compensation) Rule 1990, were put to the injured and his injury was measured in open court and it was found Cut below knee 8 inches injury on right foot.

CASE OF RESPONDENT

3 Notice regarding the claim application was issued against the respondent. Learned counsel for respondent responded by submitting a written statement along with (a) DRM’s report, 4.12.2013 (b) inquiry report submitted by the ASI/RPF Gorakhpur regarding the alleged incident. (c)Letter to Dy. SS/Gorakhpur by Inspector Incharge RPF/Gorakhpur regarding information of the alleged incident(d) Statement of applicant

3 e Shri Babloo (e) copy of Voter ID and Pariwar Register (f) Statement of a Shri Rajkumar Shukla friend of the applicant (g) Statement of Shri Abhimanyu friend of the applicant (h) Statement of Surendra Sharma, Guard of train no. 55043 (i) Statement of Ramjan Ali, Loco Pilot of train no. 55043(j) Certificate issued by Inspector Incharge Gorakhpur regarding incident(k) attested copy of an Application to GRP Gorakhpur(l) attested Copy of rail jou