K V THOMAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant-claimant filed an application for compensation for the injuries sustained by him when he accidentally fell down from Vanchinad Express Train at Chengannoor Railway Station on 21.5.1998. As a result of the accident, his left leg was amputated below knee and right leg was amputated on the upper portion of femur. He claimed a compensation of Rs. 11,00,000 with 18 per cent interest. According to him, he purchased a ticket from Chengannoor Railway Station to go to Trichur by Venad Express. Usually Venad Express and Vanchinad Express had a crossing at Chengannoor Railway Station and Venad Express usually comes on platform No. 1 and Vanchinad Express usually comes on platform No. 2. Thinking that Venad Express is waiting in platform No. 1, he along with his neighbour boarded the train in platform No. 1. But it was later found that it was not the train which was going to Trichur and while trying to get down, he fell down and the train left and both legs were crushed under the wheels. According to the respondents, accident occurred due to his own negligence and he is not entitled to compensation. The fact that he purchased the ticket and entered the platform is not disputed. He fell down accidentally from the train is also not disputed. The question is whether there is any negligence on his part and even if there is any negligence on his part, compensation can be denied under section 124-A of the Railways Act, 1989.

(2.) Section 124-A read as follows:

(3.) The 'untoward incident' is defined under section 123 (c) which reads as follows: