RAM SAJIWAN SAROJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Claim application filed by the appellant seeking compensation of Rs.10 lacs under Sec. 124-A of the Railways Act, 1989 ('the Act', for short), has been dismissed by the Railway Claim Tribunal, vide order dated 16.08.2011. Aggrieved by this order the appellant has preferred this appeal.

(2.) Appellant alleged in the claim application that he boarded Gorakhdham Express at Shakurbasti Railway Station for going to Amethi in Uttar Pradesh on 15.09.2009 after purchasing a valid ticket. Due to the sudden jerk of the train, he fell down from train at the platform itself and his left leg was amputated at Bhagwan Mahavir Hospital where he was taken for treatment after the incident.

(3.) Respondent disputed the above facts. Respondent alleged that appellant was not a bona fide passenger of the said train. He did not suffer injuries in any "untoward incident", within the meaning of Sec. 123(c)(2) of the Act. Appellant sustained injuries due to his own negligence, carelessness and wrong acts. Thus, the respondent is not liable to pay any compensation under Sec. 124-A of the Act. It was prayed that claim application be dismissed.