HARISH CHANDRA DAMODAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant's application under Sec. 16 of the Railway Claims Tribunal Act, 1987 claiming compensation for injuries sustained due to accidental fall from, the train carrying passengers, was rejected by Railways Claims Tribunal, vide judgment and order dtd. 17/3/2009. Thus, this Appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987.

(2.) Appellant would claim, that, he fell down from a local train, on 25/1/2004 at around 17.00 hrs at Dadar Railway Station due to heavy rush of passenger in the compartment. As a result, he sustained serious injuries, to spine and pelvis and had undergone six surgeries, at LTMG Hospital, Mumbai. While travelling, he was carrying with him a valid season ticket, bearing no.62490200, with journey extension tickets, Mulund to CSMT and CSMT to Mulund. Appellant would therefore claim, he was "bonafde passenger" In support of the claim, he had produced on record, season ticket (Pass), journey extension tickets, discharge card of LTMG hospital, report of A.R. Shaikh, Railway Police Constable 446. That being so, he claimed compensation in the sum of Rs.4,00,000.00. The claim was opposed by the respondentsRailway, contending that, appellant had sustained injuries due to his own act and negligence, and therefore claim was not admissible, in absence of "untoward incident" within the meaning of Sec. 123(c) of the Act of 1989. Respondents, relied on the evidence of Mr. Jagtap, Deputy Station Manager, Dadar Railway Station and Station Masters' Memo at ExhibitR1, to contend that, appellant was knocked down by BL-25 dn (Badlapur train) at Kilometer 8/25 near platform no.4 at Dadar, while tresspassing the front edge of the platform which itself was an offence punishable under Sec. 147 of the Railways Act. Next ground taken up and urged while denying the claim, was that, appellant was not "bonafde passenger".

(3.) The Tribunal, upon appreciating the evidence held that, appellant was not the, "bonafde passenger", reason being, although he was carrying and possessing the valid 'Pass' (season ticket) and journey extension tickets, for want of identity card, season ticket could not have been held valid and therefore applicant was a passenger travelling without ticket. The next fnding recorded by the Tribunal is that, a Station Master's memo dtd. 25/1/2004 (Exhibit-R1) in no uncertain terms, reveals that, appellant was knocked down by BL-25 dn train, near platform no.4 of Dadar Railway Station and therefore report of A.R. Shaikh, Constable stating, appellant fell from the train, required no consideration and accordingly kept it out of consideration. Consequently, Tribunal concluded that, applicant was travelling without proper pass and in absence of "untoward incident" the claim was not admissible, and thus rejected the claim by judgment and order dtd. 17/3/2009. Hence, this Appeal.