SUNDERLAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant was the applicant before the Railway Claims Tribunal, who sustained severe injuries, as a result of an accident occurred while travelling as a passenger in a train. While he was travelling from Trichur to Ernakulam on 01/07/1999 by Jammu Tawi Kanyakumari Express, and when the train was negotiating through Edappally and when he was about to go to bath room, as a result of a jerk, he was thrown out from the train and sustained injuries to his head and chest. He claimed compensation of an amount of Rs.4 lakhs with interest. The Railways, on the other hand, contended that he was not a bona fide passenger in the train. It was further contended that the records pertaining to the incident was not available at Edappally railway station. It was alleged that the accident, if any happened, was due to his careless and negligent act, and hence, the railway is absolved from liability to pay compensation, as provided under S.124A(b) of the Railways Act.

(2.) The Tribunal framed necessary issues. The evidence consists of oral testimony of PWs 1 to 3 and Exts. A1 to A24 marked on the side of the appellant. There was no evidence on the side of the Railways.

(3.) The Tribunal found that the applicant was a bona fide passenger and that he sustained injuries due to an untoward incident. At the same time, it also found in paragraph 9 that the fall of the applicant from the moving train was on account of hit of an electric pole which was hanging and hitting the boggy.