ASHOK KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 ['RCT Act'] to set aside/quash the impugned order dtd. 22/10/2013 passed by the Railway Claims Tribunal ['Tribunal'] whereby the claim petition of the appellant/claimant under Sec. 16 of the RCT Act seeking compensation, on account of injuries sustained by him in the alleged 'untoward incident' involving an express passenger train of the respondent, was dismissed.

(2.) Briefly stated, it was the case of the claimant/appellant that he purchased one general ticket for his journey from Agra Cantt to Hazrat Nizamuddin in Karnataka Express train bearing No. 12627 on a valid ticket of Rs.60.00 bearing No. 37628226 in the general compartment. It was claimed that the general compartment was overcrowded and as the train approached Tughlakabad Railway Station and was coming to a halt, there was a sudden jerk and the train moved ahead which resulted in some commotion amongst the passengers, and due to pressure from the crowd, the appellant fell from the moving train, sustaining grievous injuries.

(3.) Further, it was stated that he was taken to the AIIMS 'All India Institute of Medical Sciences' Trauma Centre, New Delhi, and later treated at Jai Prakash Narayan Hospital and Safdarjung Hospital, where his left leg was amputated. The appellant alleges that the GRP Police recorded his statement incorrectly and took his signature while he was in distress. His ticket was recovered and presented as evidence. Subsequently, he filed a claim application bearing O.A. No. 276/2011 before the learned Tribunal, on 26/5/2011.