SANJAY CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge by means of this First Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is to the impugned judgment dated 24.11.2010 of the Railway Claims Tribunal whereby the Claim Petition of the appellant was dismissed. The appellant filed a Claim Petition on the ground that on 12.9.2008 he was travelling from Mathura to Delhi by Mumbai-Jammu Tawi Express and because of sudden jerk of the train he fell down near New Faridabad Station resulting in amputation of both his legs. A Claim Petition of Rs. 5,00,000 was therefore filed.

(2.) The Railway Claims Tribunal dismissed the Claim Petition by holding that the date of accident was 12th September, 2008, however, the statement which was got recorded from the appellant/applicant was after about two weeks on 24.9.2008 where it was said that he had fallen from a train. The Railway Claims Tribunal disbelieved the report of the Superintendent of Railway Police, Faridabad, Ex. AW1/3, since the same, more or less, reproduced the statement of the appellant. Admittedly, even as per the Counsel for the appellant, the Railway Police did not find anything worthwhile in the stand of the appellant and therefore no inquiry was done by the Railway Police.

(3.) Learned Counsel for the appellant argued that in the discharge summary of Safdarjang Hospital, New Delhi dated 10.10.2008, it is stated that the amputation of legs is on account of falling from the train and therefore it should be held that the appellant has proved that the appellant suffered injury on account of falling from the train.