IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY CIVIL MISCELLANEOUS APPEAL No. 673 OF 2018 Date: 06.05.2026 Between B.Narayana Kalpanakumari @ Kalpana. … Appellant AND Union of India, Rep. by its General Manager, South Central Railway, Secunderabad. …Respondent

JUDGMENT

This Civil Miscellaneous Appeal is filed against the Judgment dated 07.06.2018 passed in OA II (U) No.262 of 2010 (hereinafter shall be referred to as ‘the impugned judgment’) passed by the learned Railway Claims Tribunal, Secunderabad (hereinafter shall be referred to as ‘the learned Tribunal’), wherein the application filed by the applicant under sections 124-A and 125 of the Railways Act, 1989, claiming compensation of Rs.8,00,000/- with interest and costs from the South-Central Railways, Secunderabad for the injuries sustained by her in an untoward incident that occurred on 30.06.2010, was dismissed.

2. For the sake of the clarity and convenience, the parties hereinafter shall be referred to as per their status before the learned Tribunal.

I. BRIEF FACTS:

3. The brief facts of the case as culled out from the impugned judgment are as under:

a) The appellant/claimant was working as a Junior Lecturer in Government Junior College for Girls, Jadcherla and used to travel between Secunderabad and Jadcherla holding monthly season ticket. On 30.06.2010, while the claimant went to Secunderabad Railway Station in the morning and boarded Train No.7607 in general compartment with monthly season ticket bearing No.02242357, ID.No.805345 valid from 11.06.2010 to 10.07.2010 and left to Jadcherla to attend her duty. When the train reached Jadcherla Railway Station, the claimant along with her colleagues got down from the train and passing towards exit gate, she was hit by train No.536 Kurnool Town – Secunderabad passenger and sustained grievous injuries of which both legs were crushed, cut and separated by wheels. Immediately the railway staff and railway police rendered first aid and shifted to Government General Hospital, Jadcherla and thereafter shifted to Mahabubnagar by 108 ambulance for treatment. Further, the claimant was shifted to Gandhi Hospital, Secunderabad and admitted as an inpatient, wherein her both legs were amputated during the treatment.

Hence, the claimant had sustained traumatic amputation of left leg above the knee and right leg just below the knee.

b) The respondent railways filed written statement denying the liability to pay the compensation while disputing the averments made in the claim petition. It was further contended that the claimant was not a bonafide passenger and that the injury was sustained due to her own negligence, criminal act and self inflicted injuries. Thus, the respondent railways prayed to dismiss the claim application.

II. ISSUES FRAMED BY THE TRIBUNAL:

4. After considering the rival contentions, the following issues were framed for determination by the learned Tribunal:

1. Whether the applicant was a bonafide 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?

III. EVIDENCE ON RECORD:

5. On behalf of claimant, AWs 1 and 2 were examined and Exs.A1 to A3 were marked. On the other hand, except filing Divisional Railway Manager’s Report (DRM) as Ex.R1, no oral evidence was adduced on behalf of the respondent.

IV. FINDINGS OF THE TRIBUNAL:

6. The learned Tribunal, upon consideration of the rival contentions, oral and documentary evidence adduced by the parties, dismissed the application holding that the evidence on record does not establish that the injuries sustained by the applicant are due to any accidental fall from a train carrying passenger amounting to an untoward incident.

7. Aggrieved thereby, the applicant has preferred the present appeal seeking to set aside the impugned judgment and for grant of compensation as claimed.

8. Heard Ms. N.S.Geetha Madhuri, learn