MURUKAN V Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant-claimant was injured in an accident due to a fall between the moving train and the platform and injured seriously. As a result of the accident, he sustained crush injury to the leg and 4th and 5th toes were amputated. The District Medical Officer certified that he had 40 per cent disability. The medical certificate further shows that debridement amputation of 4th and 5th toes was done on 3.6.1999 and a skin grafting and fascio cutaneous flap was done to cover the raw area on 1.7.1999. Thereafter, on 9.2.2000, another certificate was issued stating that 2nd, 3rd and 4th toes had undergone traumatic amputation and stumps only were seen on admission in the hospital.

(2.) He filed an application for compensation under Section 124-A of the Railways Act, 1989 read with the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997 for Rs. 2,00,000. It is not disputed that he was a season ticket holder. Exh. P1 is the monthly season ticket and Exh. P2 is the identity card. It is his case that the train moved while he was entering into the train and he fell down and the accident occurred. According to claimant, steps gave away and that is why he fell down. For claiming compensation in untoward incidents as provided under Section 124-A, even if the appellant is negligent, compensation cannot be denied provided the injury was not caused as a self-inflicted injury. There is no contention that appellant sustained injury in an attempt to commit suicide. It is not a self-inflicted injury or the result of his own criminal act or any act committed by him in a state of intoxication or insanity.

(3.) Tribunal rejected the application because he was not travelling in the train as a passenger. But Section 123(c) specifically defines 'untoward incident' as follows: