NAWAB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS first appeal is filed by the appellant/ claimant under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 23.9.2011 which has dismissed the claim petition filed by the appellant.

(2.) THE case of the appellant was that he on 21.8.2008 at about 10 p.m. was travelling on train No. 7 SD from Shahdra to Gotra Halt, Khekra, Baghpat, U.P after purchasing a ticket. A ticket was stated to be purchased because the validity of appellants Monthly Season Ticket from Gotra Halt to Shivaji Bridge, Delhi had earlier expired on 18.8.2008. It was further pleaded that on account of the heavy rush in the compartment of the train and since the appellant was standing near the gate of the compartment, when the train reached near the Gotra Halt, there was a sudden jerk and due to sudden jerk and thrust of the passengers, the appellant lost his balance and fell down from the running train resulting in the appellant sustaining grievous injuries to his legs. Both the legs of the appellant were injured, however, his left leg below the knee had to be amputated. The right foot of the appellant is also pleaded to be partly amputated.

(3.) THE Railway Claims Tribunal has arrived at a finding that the appellant was not a bonafide passenger because no train ticket was recovered. The statement of the co -passenger Bharat Singh has been disbelieved. Tribunal also notes that even the document of the hospital where the appellant was admitted stated that the case was the case of run over. Accordingly the Tribunal has dismissed the claim petition.