RAMESH SUNEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant/claimant injured has preferred the present appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 ['RCT Act'] for setting aside the judgment/award dtd. 1/2/2016 passed by the Railway Claims Tribunal, Principal Bench, Delhi ['RCT'] whereby his claim petition bearing No. O.A.(IIu) No.111/2015 seeking compensation for the injury sustained in the railway accident was dismissed.

(2.) Shorn of unnecessary details, the appellant preferred an application under Sec. 16 of the RCT Act stating that on 21/1/2015, he was travelling from Sonepat to New Delhi Railway Station in Jhelum Express train on a valid journey ticket; and that due to huge rush in the compartment, he was standing near the gate of the compartment; and when the train reached the Sadar Bazar Railway Station, he received a sudden and heavy thrust from inside the compartment, and resultantly he slipped and fell down from the moving train and came between the train and the platform. He stated that he became unconscious and later on found that he had been rushed to B L Kapoor Memorial Hospital by the public and his left hand was amputated from the shoulder because of the grievous crush injuries sustained in the railway accident.

(3.) The respondent/Railways in its written statement contested the claim for compensation filed by the appellant inter alia on the ground that he was not a bona fide passenger and the injuries were not sustained by him on account of any 'untoward incident' but as a result of his own negligence. The learned RCT based on the pleadings of the parties framed the following issues:-