REFORE THE RAILWAY CLAIMS TRIBUNAL CIRCUIT BENCH,D ELHI cORAM: HON'BLE MEMBER(TECHNICAL),S HRIS HAILENDRA.K.S HARMA HON'BILE MEMBER(JUDICIAL),S HRIU MESH KUMAR SHARMA Case No: OA-Ilu/DLI/31 4/2023 Date of filing: 18.09.2023 Date of decision: 16.04.2024 Arun Kumar Tripathi (Injured)s on of Sh. Krishna Bihari Tripathi,R lo SatteshwarS tadium Road, Auriya, Uttar Pradesh-206122 ..Applicant-injured.

Versus Union of India ^through its General Manager, North Central Railway, Pryagraj Respondent (Allahabad)

APPLICATION FOR CLAIM COMPENSATION Smt.Jyoti Singh, Id. counsel for the applicant.

Sh.Avnish Singh, ld. counsel for the respondent.

JUDGMENT

1. The present claim application was filed by the applicant-injured,u nder ^Section 16 of the Railway Claims Tribunal Act, 1987 read with Section ^124-A of the Railways Act, 1989. He seeks compensationo f Rupees Eight Lakh or as amended, ^{on account} of injuries sustained on his person, in an ^alleged untoward incident, which occurred on 02.01.2023 while travelling by Train No. 12307 HWV (wrongly submitted by the claimant as it is HWH-JUE xpress)

JU Express Ex.Etawah Junction to Jodhpur Junction.

It is averred in the claim applicationt hat on 02.01.2023,S hri Arun Kumar Iripathi( injured),a longwith his six students, namely, Shivlok, Abhiral, Vishal Kumar, Aman Rajput, Harsh Dubay and Piyush, purchased two valid railway journey tickets, bearing PNR No.6412650498 and 6612648082 to undertake their journey ticket by Train No.12307/HWHJ UE xpress Ex.Etawah Jurnction to Jodhpur railway station; that the reservationo f berth qua the injured was not confirmed, so he purchased his individual general class railway journey ticket Ex.Etawah Junction to Jodhpur Junction which was lost in the incident; that he alongwith hiss tudents boarded Train No. 12307/HWH JUE xpress from Etawah Junction for their onward journey to Jodhpur; that when he(Injured) was boarding the train, he accidentally fell down from the moving train and got stuck in between ^{space of} the platform and that of the train compartment,a s a result of which, he sustained serious injuries on his person ^{including crush} injury on his right leg; that he (injured) was rescued from the accident spot and was taken to Dr.BhimraoA mbedkar Hospital, Safai Hospital, Kanpur, where he remained admitted from 02.01.2023 to 09.01.2023; ^that the right leg of ^the injured was amputated in the said incident.

3. Written statement was filed, by way ^of reply, wherein the respondent denied the incident and also disputed ^the various ^{averments made} in the ^claim application. It is submitted by the respondent that the present claim application is not maintainablei n the eyes of law and the respondent-railwayc an't be held responsible for the incident because during enquiry, it came to the fore that on 02.01.2023S, hri Arun Kumar Tripathi (injured), had come to Etawah railway station with his Scout & Guide Team" for going to Johpur; that after having reached Etawah railway station, he boarded Train No. 14853 UP Marudhar Express, on the strength of PNR No.6412650498;t hat while trying to board the moving train, he felld own in between the space of platform and that of coach of the train, as a result of which, his right leg above knee was amputated; that on verificationo f the said recovered railway journey ticket, bearing PNR No. 412650498, it was found that said ticket was confirmed as regards to two other co-passengers, whereas the injured was on waiting list:; that from the above, it is clear that the injured fell down fromt he train due to his own negligence while boarding moving Train No. 14853 Up Marudhar Express and sustained the self inflicted injuries as is provided under the proviso attached to Section 124-A oft he Railways Act, 1989. It is next contended that the claimant is not entitled to get any kind of compensation from the railways for the said incident. Rest of the paragraphs were denied and it was prayed that the claim application of the claimant be dismissed with cos