BEFORE THE RAILWAY CLAIMS TRIBUNAL, GORAKHPUR BENCH, GORAKHPUR CASE No. OA (IIU)/ GKP/2014/317 Mr. Deepak Nath Tiwari, MJ, RCT Gorakhpur Bench PARTIES Hari Lal S/o Rambachan Yadav Resident of Village Purnaha, PS Jhagaha, Distt. Gorakhpur (U.P.)

……Applicant Versus Union of India through General Manager, N.E. Railway, Gorakhpur ………….Respondent.

Date of Incident : 22.10.2013 Date of Filing : 17.07.2014 Date of argument : 27.09.2023 Date of decision : 03.10.2023 Learned Counsel for the Applicant - Shri A.K. Srivastava Learned Counsel for Respondent - Shri P.D. Pandey

JUDGMENT

Deepak Nath Tiwari, Member Judicial

1. This is an application filed by the Applicant under section 16 of the Railway Claims Tribunal Act, 1987 of against the Respondent Railway administration seeking compensation for injuries sustained during a train journey as a result of an alleged untoward incident involving an individual named Hari Lal CASE OF APPLICANT

2. The applicant has sought compensation related to an untoward incident defined u/s

123(c) (2) of the Railways Act, 1989. According to his pleadings mentioned in the instant OA, the injured purchased rail journey ticket from Gorakhpur Railway station to Siwan railway station on 22.10.2013 and boarded the train. It is alleged that when train was running near Bhatni Railway station he lost his balance due to thrust of the passengers and jerk of the train and fell down from the train, as a result of which, his both legs were amputated from below both knees. The applicant has alleged that the said railway journey ticket was lost during the incident.

2.1 The applicant has sought a compensation amount to the tune of Rs 4,00,000/-

(Four lac rupees) along with interest.

2.2 Applicant appeared and filed his examination-in-chief on oath and proved, Medical treatment paper of PHC Bhatni, Discharge Slip of District Hospital Deoria, Discharge Slip along with medical treatment paper issued from BRD Medical College Gorakhpur, Discharge Slip issued from Shree Prakash Hospital, Gorakhpur, Colour photograph of injury, Ration card and voter ID of applicant.

2.3 Injured applicant was cross examined and discharged. Questions, in terms of Rule 5.4.1 railway accident and untoward incident (compensation) Rule 1990, were put to the injured and his injury was measured in open court and it was found below knee amputation of both legs.

CASE OF RESPONDENT

3 Notice regarding the claim application was issued against the respondent. Learned counsel for respondent responded by submitting a written statement along with (a) DRM’s report signed on 26.3.2015 (b) inquiry report submitted by the SI/RPF Bhatni regarding the alleged incident. (c) Station memo (d) Form no.2 regarding the alleged incident (e) A Statement of applicant Shri Hari Lal (f) Residential certificate (h) Ration card and Voter ID of the applicant (i) Bill and discharge slip of Shree Prakash Hospital .

3.2 The case of respondent in written statement is that the respondent is not responsible for payment of compensation for two reasons i.e., no railway journey ticket was recovered from the applicant-injured and no case of alleged falling from train has been reported at Bhatni railway station.

4. Upon careful examination of the documents submitted by the respondent, the following facts came in light.

✓ DRM-report revealed that it has come in light on the basis of inquiry that the both legs of injured Hari Lal were amputated from below knee but there is nothing to connect this injury with falling from train as neither rail journey ticket or any proof for travelling by train on 22/10/2013 was recovered, nor any such incident was reported at Bhatni railway station as per station dairy dated 22/10/2013, therefore; it is not clear that how and by which train this incident occurred.

A D M I T T E D – F A C T

5. Upon a thorough examination of the plaint, written statement, and the accompanying documents, the following facts are discerned to be acknowledged and accepted by the parties involved.

• No rai