BEFORE THE RAILWAY CLAIMS TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH CORAM: HON’BLE MEMBER(TECHNICAL), SHRI SHAILENDRA K. SHARMA HON’BLE MEMBER (JUDICIAL), SHRI LABH SINGH Case No: OA-IIu/CDG/125/2019 Date of filing: 31.07.2019 Judgment reserved on: 07.11.2023 Judgment pronounced on: 29 .11.2023 Bhoop Singh s/o Juglal, aged about 69 years, resident of Dharni (45), Fatehabad, Haryana through his LR Maan Singh s/o late Bhoop Singh, aged about 37 years, resident of Dhami(45), Fatehabad, Haryana (Legal Representative of applicant Bhoop Singh).

..Applicant.

Versus

1. Union of India through its General Manager, Northern Railway, Baroda House, New Delhi.

2. Union of India through its General Manager, North Western Railway, HQ. Office near Jawahar Circle, Jaipur-302017.

. ..Respondents

3. Jana Devi Wd/o Late Bhoop Singh, aged about 68 years, resident of 419, Dharnia, Dharni(45), Fatehabad, Haryana-125050.

4. Rajesh Kumar s/o Late Bhoop Singh, aged about 32 years, resident of Dharni (45), Fatehabad, Haryana-125050.

5. Priyanka w/o Vikram, aged about 24 years, resident of House No.814, Near Ramdev Mandir, VPO Nangthala(138), Hisar, Haryana-125047 (Married daughter of applicant-injured-Bhoop Singh).

6. Suman Rani w/o Harpal Singh, aged about 41 years, resident of H.No.191, Near Post Office, Rajli (25), Hisar, Haryana-125121 (Married daughter of applicant-injured Bhoop Singh.)

7. Koshlya w/o Sanjay Kumar, aged about 32 years, resident of H.No.187, near Harijan Chopal, Kumbha Khera(75), Hisar, Haryana-125113 (married daughter of applicant-injured Bhoop Singh).

8. Santosh w/o Surender, aged about 45 years, resident of H.No.220, near Post Office, Rajli (25), Hisar, Haryana-125121 (married daughter of applicant-injured Bhoop Singh)

9. Rakesh Kumar s/o late Bhoop Singh, resident of Village Dharni, Fatehabad, Haryana-125050.

Proforma-respondents APPLICATION FOR CLAIM COMPENSATION Shri Atul Bhatia, ld.counsel for the applicant.

Ms.Gurmeet Kaur,ld.counsel for the respondents.

JUDGMENT

BY SHAILENDRA KUMAR SHARMA, MEMBER (TECHNICAL)

1. This claim application has been filed by the applicant-injured-Bhoop Singh, under Section 124-A of the Railways Act, 1989, read with Section 16 of the Railway Claims Tribunal Act, 1987. He sought compensation of Rs.10,00,000/-(Rupees Ten Lakh) alongwith interest @ 18% per annum from the date of untoward incident till its realization, on account of injuries sustained on his person, in an alleged untoward incident, which occurred on 04.09.2018 while travelling by Train Ex.Ludhiana to Hisar.

2. It is averred in the claim application that on 30.08.2018, Shri Bhoop Singh-injured/applicant(since deceased), accompanied by some persons, went to Hoshiarpur to watch Fest(Mela) organized in a big Gurudwara; that after watching the aforesaid Fest(Mela), the applicant/injured (since deceased) decided to return home, while other co-travellers went for further trip; that the applicant-injured, after having reached Ludhiana railway station, purchased railway journey ticket on 03.09.2018 for going to Hisar; that in the evening of 03.09.2018 at about 7/8 PM, he mistakenly boarded heavily overcrowded train; that when the said train reached Jakhal railway station, he deboarded from it and saw another train going to Hisar; that he tried to board the said train going towards Hisar, but because of heavy rush and the fact that he was carrying one bag, he could not board the train and lost his bodily balance and fell down from the train and came in the grip of the train at Jakhal railway station, as a result of it, he sustained multiple injuries on his person, besides crush injuries on his right foot including amputation of toe and index finger of right foot; that he was shifted to Community Health Centre, Jakhal and he became unconscious; that thereafter, he was referred to Maharaja Agarsen Medical College & Hospital, Agroha for treatment; that in the said incident, the applicant suffered amputation on his right foot; that the applicant-injured was a bonafide p