RANJEET KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) PRESENT is an appeal under section 23 of the Railway Claims Tribunal Act, 1923 against the impugned order dated 15th September, 2010 passed by the Railway Claims Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal') by which claim application filed by the appellant has been dismissed.

(2.) IT is stated that the appellant had filed an application under section 16 of the Railway Claims Tribunal Act against the Railway Administration on the ground that he had sustained injuries in an 'untoward incident'. The appellant had alleged that on 5.3.2009, he was travelling from Delhi Sarai Rohilla Railway station to Patna Junction in Train no.2388 Jan Sadharan Express in general coach. He had also purchased a valid railway ticket for the said journey. When the abovesaid train was passing through Phulwari Sharif and Sachivalaya halt, the appellant had reached near the gate of the compartment in order to get down at Patna junction. At that time, the other passengers had also come near the gate of the compartment and due to sudden jerk, the appellant fell down from the train and sustained grievous injurious.

(3.) THE Tribunal took the view that appellant has placed on record the original journey ticket valid from Delhi Sarai Rohilla to Patnas Jn. The Tribunal further noticed that the only document placed on record to substantiate that he had a fall from the train was his statement to the police Ex.AW 1/5. The Tribunal took the view that the said document cannot be accepted at its face value as the alleged statement had been made by the appellant only on 3.4.2009 i.e., a month after the alleged incident and dismissed the claim application filed by the appellant. Aggrieved with the same, present appeal is filed.