रेल दावा अ धकरण, प्रधानपीठ RAILWAY CLAIMS TRIBUNAL, PRINCIPAL BENCH Coram:

HON’BLE JUSTICE SHRI K. S. AHLUWALIA, CHAIRMAN SHRI MUKESH NIGAM, VICE CHAIRMAN (TECHNICAL)/ALD @ DLI Case No: (OA/II/U/DLI/07/2024)

Date of filing: 03/12/2021 Date of order: 08/01/2025

1. Sh. Ajeet Pal, Son of Sh. Abanee Pal Resident of - Ward No. - 16, Adarsh Indra Bangali Coloney, Post - Rudra Pur, Police Station - Udham Singh Nagar, District - Udham Singh Nagar, Uttarakhand -

263153.

-Applicant Versus Union of India represented through General Manager, North Eastern Railway, Gorakhpur, Uttar Pradesh.

-Respondent Application under Section 16 of Railway Claims Tribunal Act, 1987 in respect of claim for compensation for injury in an untoward incident.

Value of claim: 8,00,000/-.

Present:

For the applicant: None For the respondent: Shri Dushyant Swaroop, Learned Counsel JUDGEMENT By Sh. Mukesh Nigam, Vice-Chairman (Technical)

1. The basic details relating to the accident as contained in the application are listed as under:-

2. There was a delay of 3 years 20 days in filing the original claim application. The delay was condoned by the Bench on 09.01.2024. It was observed by the Bench that Hon’ble Supreme Court of India had already decided that due to the Covid pandemic,period from 15/03/2020 to 20/02/2022 will not be taken into account while computing delay and, therefore, the delay in this case is only from 19/11/2018 to 15/03/2020 which is a period of approximately 1 year and 4 months only. While condoning the delay, the Bench had observed that the delay on the part of the applicant will be kept in view while computing the interest, in case, the matter is decided in favour of the applicant.

3. On 13.03.2024, Respondent counsel relying on the DRM report had very fairly admitted that the injured claimant was a bonafide passenger and a ticket number UEN 55974837 was recovered from him.Accordingly, the Bench had formulated the following issues for adjudication:-

1. Whether the injuries sustained by the applicant are on account of an untoward incident, as defined under Section 123(C) read with Section 124-A of the Railways Act, 1989? If so, to what extent?

2. To what amount of compensation, if any, the applicant is entitled?

3. Relief, if any?

4. The injured applicant Sh. Ajeet Pal tendered his affidavit as AW/1. He was cross examined and discharged. The applicant had furnished certain documents which are marked Exhibits as under:-

5. The Respondent had not adduced any oral evidence and had filed its certified DRM’s Report Ex. R/01 along with annexure.

6. Considered the pleadings of both sides, perused all the documents and evidence available on record and the decision on the issues are as under:-

Decision with reasons Issue no. 1

7. As per GD no. 019 made at 1127 hrs of 19.11.2017 in the General Diary maintained at Police Station -Lalkua, it was mentioned that at 1100 hrs, a caller informed that near Century VIP Gate, one person had fallen from train and was injured. On receipt of the message, GRP had reached the site of the incident.

8. The applicant had filed an affidavit in which he had stated that on 19.11.017, he was undertaking a rail journey from Rudrapur to Lalkua on a valid rail journey ticket along with three of his colleagues when he fell from the train and suffered injuries. During cross-examination, the applicant had stated that during the journey when he was standing at the gate, he was pushed from behind due to which he fell. He had stated that while falling from the train, his trousers got stuck with the footboard of the coach, which resulted in his fall and the injuries suffered on its account.

9. The respondent had stated that on the basis of their investigation, it has emerged that the incident had occurred by train no. 13019, Bagh Express on 19.11.2017 and on the basis of circumstantial evidence, it had become apparent that the claimant was standing at the gate and was trying to get down from the train when his trousers got stuck with the footboard and he w