DEVENDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri P.P. Singh, Advocate, appearing for the appellant and perused the record. This F.A.F.O. has been filed challenging the validity and correctness of the judgment and order dated 11.5.2012 passed by Railway Claim Tribunal, Ghaziabad in Application No. OA/II/288/2008: Shri Devendra Singh v. Union of India, whereby the Tribunal has rejected the claim application of the applicant on the ground that he was not a bona fide passenger in the train in question.

(2.) The claim of the appellant in the present case is that while he was travelling by GN-6 E.M.U. Passenger train having valid ticket No. 45324212 from Shivaji Bridge to Ghaziabad on 7.8.2008, accidentally fell down from the running train between Sahibabad and Ghaziabad Railway stations. In the said accident, he sustained crush injury and his left leg below knee had to be amputated. He claimed a compensation of Rs. 4,00,000/- from the respondent/Railway Administration, which the Tribunal has rejected.

(3.) Per contra, the respondent contested the claim application of the appellant by filing written statement, wherein, it has been stated that the appellant was neither a bona fide passenger nor fell down from the train as claimed by him; that the alleged incident took place due to negligent, careless and wrong act attributed to the appellant and following issues were framed on the basis of the pleadings of the parties: