TUNTUN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Cm No.4757/2015 (Delay)

(2.) I have heard the learned counsel for the parties and have examined the file. On 19.06.2012 while travelling along with his brother Dharmender on 'Garhwal Express' from Chanderpur Siau to Delhi Shahdara, the victim-Tuntun Kumar accidently fell down from the crowded compartment of the train, due to sudden jerk and jostling of passengers inside the coach and sustained grievous injuries leading to amputation of both his hands. The victim was taken to Dr.Hedgewar Arogya Sansthan by PCR who reached the spot on getting information from an unidentified caller at 10.20 p.m. on 19.06.2012 that an individual was lying in an injured condition at platform No.3 of Shahdara Railway Station. The victim was admitted in the said hospital on 10.55 p.m. with the alleged history of 'fall from train'.

(3.) The Tribunal declined compensation to the victim solely on the ground that at the time of admission in the hospital at 10.55 hours, the victim was 'smelling' alcohol. The victim was, thus, in a state of intoxication at the time of incident and under Section 124A of the Railways Act 1989 dealing with compensation, no compensation is allowed when the untoward incident occurs on account of 'intoxication'. The appellant denied if he was in the state of intoxication at the time of accident.