A VIJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the appellant and the learned counsel appearing for the respondent. The Appeal arises out of a claim for compensation made under Section 124-A of the Railway Act, 1989 (hereinafter referred to as "the said Act"). The case made out by the appellant is that he sustained severe injuries as a result of an untoward incident within the meaning of Sub Clause (2) of Clause (c) of Section 123 of the said Act.

(2.) THE contention of the appellant in short is that on 3rd October, 1996, while boarding a suburban local train on platform No.4 of Dadar Railway station, he fell down. He sustained injuries. He has undergone amputation of the left leg and left hand. The claim was opposed by the respondent by filing a written statement. The Railway Claims Tribunal observed that the case made out in the claim petition was that when the appellant was standing on platform, the crowd pushed him and as a result he fell down between two compartments. It was observed that the case made out in the deposition was altogether different. The Tribunal held that untoward incident is not established. Therefore, the claim petition was dismissed.

(3.) UNDER Sub Clause (2) of Clause (c) of Section 123 of the said Act, accidental fall of any passenger from a train carrying passengers is an untoward incident. Going by the oral evidence of the appellant and especially what is brought on record in the cross-examination of the appellant, it is established that while the appellant was boarding the train, he was pushed by the crowd and he fell down from the train. Thus, this is a case where Sub Clause (2) of Clause (c) of Section 123 of the said Act will squarely apply as it is a case of accidental fall from the train. The first class season ticket and identity card held by the appellant which were valid on the date of the accident have been produced and proved. Hence, the appellant was a bonafide passenger.