रेल दावा अ(cid:876)धकरण, नागपुर पीठ, नागपुर BEFORE THE RAILWAY CLAIMS TRIBUNAL: NAGPUR BENCH, NAGPUR QUORAM: SHRI SANJEEV AGGARWAL, HON’BLE MEMBER(JUDICIAL)/RCT/NGP SHRI SYED NISHAT ALI, HON’BLE MEMBER (TECHNICAL)/RCT/NGP CASE NO.: OA (IIU)/NGP/131/2019 Date of filing - 06.05.2019. Date of Judgement - 26.04.2024.

APPLICANT: 1. Laxman s/o Dnyaneshwar Katare Aged 19 years, Occu.- Student R/o Charthana, Tq.- Jintur, Dist.-Parbhani- 431509.

V/s RESPONDENT: Union of India, Represented by General Manager, South Central Railway, Secunderabad. (A.P.)

VALUE OF CLAIM: RS. 8,00,000/-

Applicant by Advocate R.G.Bagul on behalf of Adv. D.S.Latey.

Respondent by Advocate S.Thaokar.

JUDGEMENT

1) The applicant has filed this claim application seeking compensation for alleged injuries sustained by him during the alleged train journey under Section 16 of the Railway Claim Tribunal Act, 1987 read with Section 124 and 125 of the Railways Act, 1989.

2) Applicant has filed this original application on the allegations that on 18.01.2018 he was travelling by train no. 57549 Hyderabad-Aurangabad Passenger train in last second general coach on a valid railway general ticket bearing number APA-70582198 Ex.-Parbhani to Selu for Rs.10/- dated 18.01.2018 and boarded in the train from Parbhani Rly. Stn. For getting down at Selu Rly. Stn. the applicant was standing near the door of the train alongwith his bag however due to strong jerk and push of other passengers the he lost his balance and fell down in between Km no. 248/8-9 near signal and became unconscious. And due to the alleged incident he had sustained head injury, injury on his face and on his left elbow there was a fracture and for which the Applicant has claimed compensation.

3) Respondent railway appeared and filed its written statement and denied its liability. Respondent denied the bonafide passenger status of the applicant as no ticket was found with the injured at the site of incident. Respondent also denied the untoward incident and further submitted that there was no jerk in the train and alleged incident happened due to his own acts and conducts which disentitles applicant to claim compensation. While denying all the averments of the applicant as made in the claim application either being wrong or for want of knowledge, it is averred that the applicant is not entitled to any compensation. With these averments, a prayer is made to dismiss the claim application with costs.

From the pleadings of the both the parties following issues were framed:-

1. Whether applicant was a bona fide passenger of the alleged train on the relevant day, with valid journey ticket?

2. Whether the applicant proves that on the relevant day he sustained injuries in the train in an untoward incident in terms of section 123 (c)

of the Railways Act, 1989?

3. What order? What relief?

4) The applicant no.1 Laxman s/o Dnyaneshwar Katare was examined as AW-1 and documents Exh. A-1 to A-9 were marked on behalf of applicants. From the side of Respondent, Shri Ridhesh Kumar, Assistant Loco Pilot, SECR, Raipur division was examined as RW-1 and documents Exh. R-1 and R-2 were marked on behalf of respondent. The respondent railway placed on record Statutory Investigation Report along with a number of documents as prepared during the course of such enquiry.

5) We have heard the Ld. Counsels for both the parties and carefully perused entire material placed on record. Our findings on the issues involved are as under:

ISSUE No.1 & 2:

Both these issues being inter-connected are being taken up together for discussion and decision.

6) As per Applicant he was travelling on a valid ticket from Parbhani to Selu whereas Respondent has denied bonafide passenger status of the applicant. To prove his case, the applicant has filed on record ticket, Exh.A-1, from Parbhani to Selu dated 18.01.2018 for one person and on oath deposed that he was travelling on the said ticket. Respondent cross examined witness at length but respondent has failed extract anything during