K.SHANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant's claim for compensation under Section 16 of the Railway Claims Tribunal Act, 1987, was dismissed by the Railway Claims Tribunal, Ernakulam Bench. Challenging the dismissal, this appeal is filed.

(2.) Appellant is a senior citizen who boarded Kanyakumari-Bombay Jayanthi Janatha Express (6382) from Ottappalam to Nasik on 23.8.2009 at 3.50 p.m. He was sleeping on upper berth No.60 in S-7 coach and while the train reached Sholapur on 24.1.2009 at 11 p.m., he claims to have fallen down from the upper berth due to heavy jerk of the train and sustained serious injuries inside the train. It is said that he was taken to Jahangeer Hospital, Pune and was treated there for some time and is still continuing treatment in his home town. The details of injury suffered by him are referred to in the impugned judgment of the learned Tribunal.

(3.) The respondents denied the claim contending that the accident is not an untoward incident within the meaning of Section 123(c) of the Railways Act, 1989, (for short, 'the Act, 1989') though he is admitted to have been travelling as the passenger of the train. It is contended that he was actually allotted lower berth in S-7 coach and for the alleged fall from the upper berth, the Railway is not responsible.