CHANDRAPPA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the applicant challenging the judgment dtd. 29/11/2013 passed by the Railway Claims Tribunal, Bangalore Bench, Bangalore, in OA II U 138/2011, thereby, application filed by the applicant seeking compensation is dismissed.

(2.) It is the case of applicant that on 25/8/2009 the applicant went to the Railway Station, Raichur to go to Gulbarga by Chennai-Mumbai Mail Train after purchasing the general ticket to travel in the said train. While he was waiting on the platform and after arrival of the train, he boarded the same in general coach which was crowded and during the course of journey, the applicant accidentally fell down from the said train and sustained grievous injuries. He was admitted to the Government Hospital, Raichur, for treatment by Railway Police, Raichur.

(3.) Learned counsel for the appellant/applicant submitted that the applicant was a bonafide passenger since he has travelled after purchasing the ticket and boarded in the general coach, which was heavily crowded constraining the applicant to travel in such crowded coach and as a result, he fell from the coach and sustained injuries. Therefore, submitted that since the applicant has purchased ticket he is a bonafide passenger and he has sustained injuries in an untoward incident. The injuries sustained by the applicant are not self inflicted injuries, but in this regard, the Tribunal has failed to appreciate the evidence on record correctly resulting into erroneous judgment of dismissal being passed. Further submitted that due to the accident, the applicant is suffering from paraplegia. Therefore, prays to allow the appeal and grant compensation.