JUDGMENT:

The appellant/applicant has filed this Civil Miscellaneous Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 assailing the validity and legality of the impugned judgment dated 14.08.2018 in OA II (U) No.359 of 2012 before the Railway Claims Tribunal, Secunderabad Bench.

2. The appellant/applicant has filed this application under Section 16 of the Railway Claims Tribunal Act read with Section 124, 124-A and 125 of the Railways Act (for short (cid:145)the Act(cid:146)) claiming compensation for the injuries sustained in a train accident. The Railway Claims Tribunal has negatived the claim made by the applicant and it was dismissed with an observation that the applicant failed to establish that he was bona fide passenger and sustained injuries in an untoward incident. Feeling aggrieved by the findings recorded on issue Nos.1 &

2 in OA II (U) No.359 of 2012, the present civil miscellaneous appeal is filed Brief facts:

3. The main averments of the application filed by the applicant/appellant herein are that on 09.05.2012 he purchased a journey ticket from Peddapalli to Chandrapur and boarded into Nagpur passenger, due to heavy rush he was unable to move inside, in a short while before moving inside fell down accidently from the above said train near Raghavapur Railway Station and the train ran over on his right hand, it was amputated below the shoulder. He was shifted in 108-ambulance to Peddapalli Government Hospital. The Doctor referred him to Karimnagar Area Hospital from there he was referred to M.G.M. Hospital, Warangal for better treatment, wherein he was treated as in-patient for one month. In that process, his right hand was amputated, he incurred more than an amount of Rs.50,000/- towards treatment. It is further pleaded that he has purchased general journey ticket No.A15293672 from Peddapalli to Chandrapur, it was seized by the Railway Police, Ramagundam, as such he has claimed an amount of Rs.7,00,000/- towards compensation.

4. The respondent-South Central Railway, Secunderabad, represented by its General Manager has filed a detailed written statement denying the manner of occurrence of accident and the claim made by the appellant/applicant alleging that there is no cause of action for the applicant and the claim made by him does not fall within the ambit of Sections 123 (c) and 124-A of the Act. In fact, there was no information of any such accident to the railway officials and no medico legal case was registered. Though the incident is alleged to have occurred on 09.05.2012, the General Diary (G.D.) entry was made on 22.05.2012 after lapse of more than 13 days. There is every possibility of fabricating the journey ticket and planting the same, prayed for dismissal of the claim made by the applicant.

5. On the basis of above pleadings, the following issues were settled by the Railway Claims Tribunal:

1) Whether the applicant was a bona fide passenger of the train and sustained injuries as a result of an untoward incident?

2) Whether the applicant is entitled to claim compensation as prayed for and to what relief?

6. During enquiry, on behalf of the applicant, he himself got examined as AW.1. In his evidence, Exs.A.1 to A.3 documents are marked. On behalf of the respondent- Railways, the Report of Divisional Railway Manager is marked as Ex.R.1. No witness is examined. The Railway Claims Tribunal, Secunderabad bench on appreciation of the entire evidence answered both the issues against the applicant holding that he has failed to establish that he was a bona fide passenger and that he sustained injuries as a result of an untoward incident and that he is not entitled for any compensation.

7. Heard learned counsel for the appellant/

applicant and the respondent/South Central Railway, Secunderabad. Submissions made on both sides have received due consideration of this Court.

8. In the light of rival contentions, the following point would arise for consideration:

Whether the applicant is a bona fide passenger an