SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of an appeal filed by the appellant under Section 23 of the Railway Claims Tribunal Act (hereinafter referred to as "the Railways Act") against the judgment dated 23.11.2007, whereby the Railway Claims Tribunal (hereinafter referred to as "the Tribunal") has dismissed the claim application filed by the appellant/injured under Section 16 of the Railways Act against the respondent Railway Administration for payment of compensation for the injuries alleged to have been sustained by him in an untoward incident.

(2.) Briefly stating, it was the case of the appellant that he boarded the Train bearing No. SDP2 EMU from Hazrat Nizammuddin Railway Station for his journey to Faridabad Railway Station and in between Hazrat Nizammuddin and Okhla Railway Station, near Nehru Nagar, he fell down from the moving train due to sudden jerk/jolt. As a result of which, he received grievous injuries and his both hands and foot were crushed and cut. The second class ordinary ticket purchased by him was lost due to the fall from the moving train. On these and other compensation in a sum of '4,00,000/- against the respondent Railway Administration.

(3.) The claim was resisted by the respondents, who filed a written statement and contended that the incident had occurred due to the sheer negligence and fault on the part of the injured appellant and hence the respondent Railway Administration is not liable to pay any compensation. It is also contended that the medical papers submitted by the injured himself would suggest that he was struck by a train and as such, the incident in question does not come under the definition of "untoward incident". Even otherwise, it is stated that the same is covered under the exceptions given in the proviso to Section 124A of the Railways Act. On these and other contentions taken in the written statement, the respondent prayed for dismissal of the claim application filed by the appellant with costs.