ABHINANDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This first appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 is filed by the applicant before the Railway Claims Tribunal against the impugned judgment dated 23.11.2015 by which the Railway Claims Tribunal has dismissed the claim petition filed by the appellant/applicant.

(2.) The facts pleaded by the appellant/applicant are that he on 16.10.2014 had come to Gurgaon Railway Station for going to Delhi for some personal work. It was pleaded that when the appellant/applicant was trying to board train no.12457 then as he put his foot on the foot board, train had started and on account of overcrowding in the bogie, he fell down from the train. It is pleaded that he was taken to the Gurgaon General Hospital and as a result of the injury, he has suffered amputation in both his legs. It is further pleaded that the appellant/applicant was a bonafide passenger travelling on a valid ticket which was lost on the spot at the time of accident.

(3.) Respondent/Railways contested the petition. It was pleaded that the appellant/applicant was not a bonafide passenger and that he had died as a result of self-inflicted injuries. It was pleaded by the respondent/railways that there was no untoward incident as defined under the Railways Act, 1989.