T UMMER Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is preferred by the appellant aggrieved by the impugned order, under which his claim for compensation under Section 16 of the Railway Claims Tribunal Act, 1987, was dismissed by the Tribunal.

(2.) THIS case has had a chequered career. According to the appellant/claimant, between 3.30 a.m and 4 a.m while he was travelling in a train, he accidentally fell down from the train and suffered injuries. The train at that time was reaching Chitrapur railway station. He allegedly sustained multiple injuries including compound fractures. He, in these circumstances, staked a claim for compensation.

(3.) THE appellant has come to this Court aggrieved by the impugned order. THE learned counsel for the appellant submits that the totality of circumstances must eloquently convey to the Court that the appellant has a real and reasonable case to advance. According to the learned counsel for the appellant, the prompt wound certificate clearly reveals that the injuries were suffered in a railway accident. THE learned counsel further submits that the materials produced before court would further show that the appellant was taken to the hospital by R.P.F personnel. THE fact that the appellant had suffered serious injuries cannot possibly be disputed, urges the learned counsel for the appellant. THE learned counsel for the appellant further points out that the appellant has complied with very onerous conditions in the hope that his claim shall be disposed of by the Tribunal on merits. According to the learned counsel for the appellant, the appellant could not participate in the proceedings before the court below as he was ignorant about the dates of posting. His counsel did not inform him the dates of posting and the appellant could not hence appear before the court below.