BHOLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal impugns an order dated 04.08.2015 passed by the Railway Claims Tribunal, Principal Bench, Delhi, dismissing the appellant's claim for compensation for injury sustained in a railway accident. It is the appellant's case that on 08.10.2012, he boarded the Ala Hazarat Express train from Old Delhi Railway Station to Hapur (UP). En-route near the Lal Qila, he fell down from the said train due to a jerk in the train and push from inside the compartment; his left leg came under the wheels of the train leading to its amputation. He stated the same to the Railway Authorities.

(2.) There is a delay of 14 months in submitting the DRM Report. It states that in his statement to the Police, the claimant had stated that he was travelling in 14312-Ala Hazarat Express whereas in the statement before the Railway authorities, he had stated that it was 13111-Lal Qila Express. The report recorded that the appellant Bhola had been injured in an accident near Lal Qila. Evidently, this recording of an accident near Lal Qila led to the confusion that the accident happened while travelling in Lal Qila Express. The appellant requested for an amendment of his claim petition, for correction of this error but his request was declined. The claim was disallowed on the ground that neither a ticket was found on the claimant at the time of the accident nor was the claim petition supported by a railway ticket to prove his being a bona fide passenger.

(3.) Apropos the fact that the appellant had suffered the injury in a train accident, there is no dispute. But whether it was a self-inflicted injury thereby leading to the exceptions to strict liability of the Railways under the proviso to section 124 A of the Act or it was on account of his having fallen from the train, is to be determined.