The liability of the Railways for untoward incidents under Section 124-A of the Railways Act, 1989, is of a strict nature, rendering the victim's negligence irrelevant for compensation claims, and the absence of a journey ticket does not defeat a claim if an affidavit is provided.

J U D G E M E N T:

1. This is an application under Section 16 of the Act which was filed by one Pushpendra Choudhary who prayed for compensation for himself on account of injury sustained by him due to falling down from the train.

2. As per averments made in the claim application that on 11.10.2024, the victim, Pushpendra Choudhary boarded Lalgola – Sealdah Passenger Train (03198) after purchasing a railway journey ticket, Ex. Berhampur Court to Sealdah. While the said train was approaching Beldanga railway station, the victim fell down from the running train between the gap of the platform and train due to overcrowding and sudden jerk and sustained serious injuries. After the incident, GRP personnel took the victim to Beldanga – 1 BPHC Hospital, Murshidabad and from there the victim was shifted to Murshidabad Medical College and Hospital. On 12.10.2024 the victim was taken to Apollo Multi Specialty Hospital, Kolkata and he was discharged on 17.10.2024. Due to the said incident, the left leg of the victim was amputated below mid-thigh and both bones of the right leg were also amputated. The victim sustained a fracture injury on his fingers. After the incident the railway journey ticket was lost. The victim has filed ‘Disability Certificate’ in this case. One Police Case was recorded over this incident under GDE No. 994 dated 14.10.2024 at Phool Bagan Police Station. The Applicant prayed for compensation to the tune of Rs.8,00,000/- along with cost and interest.

3. The Respondent Railway has filed Written Reply denying the admissibility of the claim for compensation filed by the applicant.

4. Upon the pleadings of both sides, issues were framed on 22.08.2025 which are recast as follows :-

5. Issues :-

1. Whether the incident on account of which the victim is alleged to have sustained injury can be termed as an Untoward Incident, as defined U/S 123(c) (2) of the Railways Act ?

2. Whether the victim was a bonafide railway passenger of a train on the date of the alleged incident ?

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

4. Relief, if any ?

6. To prove the case, the applicant, Pushpendra Choudhary was examined as AW/1 on 06.11.2025. No other witness has been examined by the applicant in this case. The applicant filed some documents which were Affidavit of evidence of Pushpendra Choudhary (Exbt.A/01/A), Copy of Aadhar Card of Pushpendra Choudhary (Exbt.A/01), Copy of Election I/D Card of the victim (Exbt.A/02), Copy Disability Certificate of the victim (Exbt. A/03), Copy of Referral Card (Exbt.04), Copy of Injury Report of Apollo Hospital (Exbt. A/05), Copy of Amputation Certificate (Exbt.A/06) and Copy of medical documents (collectively) (Exbt.A/07). The Respondent railway has filed DRM’s report which is marked as Exbt. R/1 (collectively). Heard arguments advanced by Ld. Counsels for both sides. Perused the documents on record.

DECISION WITH REASONS

7. Issue No. 1 & 2 :

7.1. These two issues are taken up together as they are interlinked.

7.2. The applicant, Pushpendra Choudhary presented himself as AW/1 on 06.11.2025 and during cross-examination, he fervently stated that on the fateful date of incident he was returning from Berhampur Court railway station to Sealdah railway station alone and during the course of his journey, he fell down from the train near Beldanga railway station due to overcrowding and sustained injuries. The victim (AW/1) stated that after the incident, h