0रल॓ दावाअ(cid:8)धकरण,कोलकाता(cid:14)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA BENCH Coram :: Shri Rajeev Jain, Hon’ble Member (Judicial)/RCT/Kolkata..

Claim Application No.OA(IIu)/KOL/2023/0177 Application filed on 17.07.2023 & registered on 17.07.2023 &

Decided on 16.05.2024.

Rashid Jamil @ Md. Rashid, S/o Jamil Akhtar Address:

Vill: Chudi Mohalla, P.O. & P.S: Giridih, Dist: Giridih, Jharkhand Pin Code – 815 301 …. 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.8,00,000/-.

Recorded Advocate: Shri S. Sinha, Ld. Counsel for the applicant.

Shri A. Prasad, 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’ : 31.10.2018.

2) Person Injured : Rashid Jamil @ Md. Rashid

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

4) Train involved : 18184 Danapur – Tatanagar Express.

Contd.……/2.

5) Untoward Incident narrated : The injured fell down from train and sustained injuries, i.e. amputation of left hand from shoulder joint.

6) Place of occurrence of Untoward Incident : At Sitarampur Rly. Stn.

7) Brief description of the fact : The victim sustained injury due to fall from train at Sitarampur Rly.Stn. during his journey from Jasidih to Asansol Railway Stations on 31.10.2018 which is an ‘untoward incident’.

8) Fate of the Journey Ticket : Filing of original journey ticket bearing no.56104510 dt. 31.10.2018 Ex. Jasidih to Asansol Jn.

2. The respondent, Eastern Railway has contested the case filing a written statement denying all the material averments made in the claim application. The respondent in their ‘WS’ has denied that the victim was a bona fide railway passenger contending that as per Daily Diary Report of RPF/Post/Sitarampur one railway ticket bearing no.27996228 dated 31.10.2018 issued from Giridih to Asansol was found from the possession of the applicant but the applicant has filed another railway ticket issued from Jasidih to Asansol which raises doubt. 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 from the train, in question.

3. Upon pleadings of the parties, the following issues were framed on 05.10.2023 :-

1) Whether the incident on account of which the applicant is alleged to have sustained injury can be termed as an ‘untoward incident’ as defined under Section 123(c) of the Railways Act ?

2) Whether the victim was a bona fide railway passenger on the date of the incident in terms of Section 2(29) of the Railways Act ?

3) Whether the applicant is entitled to get any compensation from the respondent and if entitled, what would be the quantum?

4) Relief, if any.

4. In this case, there was some delay in filing the claim petition. The applicant filed a condonation petition which was heard and the delay was condoned by this Tribunal vide Order No.04 dated 11.07.2023.

Contd.……/3.

5. To prove his case, the applicant, Rashid Jamil @ Md. Rashid 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:-

1) Certified copy of GDE No.245 dated 31.01.2018. … Exhibit A/1 2) Certified copy of Railway Memo, … Exhibit A/2 3) Copy of Aadhaar Card in the name of Rashid Jamil. … Exhibit A/3 4) Copy of Voter I/Card in the name of Rashid Jamil. … Exhibit A/4 5) Copy of PAN Card in the name of Rashid Jamil. … Exhibit A/5

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

7. Heard the arguments of Ld. Counsels of both sides. After examining the records and hearing arguments of bo