JITENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant, then aged about 22 years, resident of Village Khurampur, Tehsil, Bawal, District Rewari, Haryana had concededly suffered injuries and was found in such state on the railway tracks just ahead of Rewari railway station sometime around 9.27 a.m. on 24.10.2016, and though taken to the hospital and given medical aid and assistance, suffered consequent amputation of both lower limbs. He instituted claim for compensation [(No.OA (IIu) 65/2017] on 20.02.2017 before the Railway Claims Tribunal, Principal Bench, Delhi, inter alia, stating that while travelling in a railway train from his native village in Bawal to Delhi, he had suffered slip at the time of re-boarding at Rewari railway station where he had alighted for some time to fetch water. He claimed that he was travelling on a valid journey ticket in the said railway train as a bona fide passenger with his cousin brother Master Giriraj (AW-2).

(2.) During the course of the inquiry into his claim case, the report of DRM was called for. The appellant examined himself as a witness (AW-1) besides relying on the testimony of his cousin brother (AW- 2), producing a journey ticket (bearing No.G-99973397) which concededly had been issued for the travel in question. The Tribunal, however, concluded, by its judgment dated 27.04.2018, that the appellant was not a bona fide passenger of any train and, therefore, the incident in which he had suffered injuries and consequent amputation of lower limbs was not covered under the definition of the expression "untoward incident" as used in the Railways Act, 1989. The claim for compensation was, thus, dismissed.

(3.) Feeling aggrieved by the above-mentioned decision, the appellant has approached this Court by the appeal at hand.