RANJEET Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has challenged the judgment dated 16th Dec., 2009 whereby the appellant's application for compensation has been dismissed.

(2.) On 4th July, 2008, the appellant fell down from Gorakh Dham Express bearing train No. 2556 on platform No. 2 of Kishan Ganj Railway Station, and he suffered grievous injuries which resulted in amputation of right leg below knee level. The appellant was aged about 12 years at the time of the accident.

(3.) The Railways did not dispute that the appellant fell down from Gorakh Dham Express on 4th July, 2008 but the claim was contested on the ground that the appellant was negligent as he was travelling on the footboard of the compartment and the appellant was travelling without ticket and, therefore, was not a bona fide passenger.