REKHA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal has been filed by the appellant Rekha Devi to impugn a judgment dated 19.07.2011 of Railway Claims Tribunal (hereinafter 'the Tribunal') by which her claim petition filed under Section 16 of the Railway Claims Tribunal Act was dismissed. The appeal is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. In the claim petition filed by the appellant before the Tribunal, it was averred that on 21.05.2009, the appellant along with her husband was travelling in 2368 DN Bikramshila Express from New Delhi to Bakhtiyarpur on the strength of a valid second class railway journey ticket. As the ticket for Khusropur was not available, ticket for Bakhtiyarpur was purchased from New Delhi. It was further averred that there was heavy rush inside the train compartment. When the train approached Khusropur station, the appellant along with her husband came near the gate to get down. Due to sudden jerk and thrust from the passengers, she lost her balance and accidentally fell down from the moving train and sustained grievous injuries; her left leg above knee and five fingers of right leg were amputated. She was brought to PMCH, Patna for treatment.

(3.) The claim petition was contested by the respondent and it was stated that the Tribunal did not have any jurisdiction to entertain the present claim application. The appellant was not bonafide passenger; she sustained alleged injuries due to her own acts of omission and negligence. She did not sustain any injuries due to an 'untoward incident'.