RAILWAY CLAIMS TRIBUNAL Ernakulam Bench Dated – 14th September, 2023 Coram Hon’ble Shri Sanjiv Dutt Sharma Judicial Member O.A. No. 57/2019 Ramdas, Aged 64 years, S/o.P.Sarojini Amma, 1/213, Saroja Nivas, Near Ayyappan Temple, Ayanampadam, Nemmara, Palakkad, - Applicant/Claimant Kerala,Pin-678508 Vs Union Of India, through General Manager, Southern Railway - Respondent Adv. For the Applicant – Shri Binoy Ram AND Shri. Dr. Stanly Chazhoor Adv. For the Respondent Railways – Shri Vedaraj M N JUDGEMENT Ramdas, aged 64 years, applicant/claimant has preferred the present claim application against the Railways, for seeking compensation on account of injuries suffered by him, allegedly in an untoward incident, while in the process to board a Train No.12617 on 02.02.2017 at 03.00 p.m. It is alleged, that the claimant, while boarding Ernakulam Junction-Hazarat Nizamuddin Mangala Lakshadweep Exp. train, on his way to Hazarat Nizamuddin, fell down on the Railway track between the train and 2nd platform of Thrissur Railway station and suffered injuries. It is alleged that he was boarding the train, at that time, the train suddenly moved forward and he slipped. It is further averred that he was to travel on the strength of a reserved ticket vide PNR no. 4127659237.

Thus, the applicant/claimant has termed the incident as an untoward incident and has further claimed that he was a boanafide passenger and is entitled to compensation from the Railways. The claimant has put his thump impression on the claim application (However, nothing is mentioned whether, he has put his right thumb impression or his left thumb impression, on the claim application).

In reply, The Railway has denied all the averments of the claim application submitted by the applicant. It is denied that the injured/applicant suffered accidental fall from train no.12617. It is further submitted, that as per the enquiries on 02/02/2017 Train No:12617 (Ex.Ernakulam-Hazarat Nizamuddin) arrived Thrissur Platform No:2 at 14.59hrs and at 15.02hrs, while the train started moving from Thrissur Railway station, one male person namely Shri.Ramdas, holding Ticket vide PNR No: 4127659237 of S7 coach, seat No:41, was attempting to board a running train with his luggage, slipped and fell down in between the train and the Platform, sustained injuries on his right hand and partially amputated his 4 fingers (except Thumb). In the meantime, someone in the coach, pulled the chain and the train stopped. On duty, RPF, GRP, TTE and Guard of the train attended the spot and took out the injured person, rendered first aid and sent him to Govt. Hospital, Thrissur for treatment.

It is alleged that as per the accident register-cum-wound Certificate issued on 02.02.2017 at 03.30 PM by Dr.Sumin of Govt.Hospital, Thrissur, the injured person was under the “influence of alcohol”. Smell of alcohol was present, even his speech was sleeved. Respondent submits that, this incident does not come under the definition of an ‘untoward incident’. The Railway is not liable to pay compensation under Section 124-A (d) of the Railways Act, 1989’ as the act committed by him was done in the state of intoxication.

Thus, the Railway has prayed for the dismissal of complaint on the ground that the injured/applicant was in the state of intoxication at the time of his travel, as such, he is not entitled to any compensation.

I have pursued of the claim application, as well as the written statement filed by the Railways. Based on the above said pleadings, and material evidence placed on record, the following issues were framed for determination and adjudication in this case on 14/12/2021.

1. Whether the applicant/injured was a bonafide passenger of the train in question?

2. Whether the injury suffered as a result of an untoward incident?

3. Whether the applicant is entitled to compensation as claimed and to what relief?

The applicant in support of his application has tendered into evidence affidavit A-1 and documents Exhibit. A-2 to A-7, and