LAXMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed by a Passenger/Appellant, who is aggrieved by the judgment and order dtd. 8/2/2018, passed by the Railway Claims Tribunal, Nagpur (the "Tribunal") in Claim Application No.OA (IIu)/NGP/2015/2007, rejecting his application under the Railways Act 1989 (the "Railways Act").

(2.) The Appellant Laxman Ganesh Kanhojia was travelling on 14/2/2018 by Train No.11040 Up Maharashtra Express from Bhandara to Nagpur. On the fateful day, it is claimed by him that he was standing near the lavatory of the compartment, at the time when due to a sudden jerk near D-Cabin, Mominpura area at Nagpur Railway Station, he fell down from the running train and suffered injuries, resulting which his leg got severed. He was admitted to Mayo Hospital Nagpur, where he was diagnosed as having railway track injury below the knee amputation, however, the closure was done above the knee on 8/3/2014. It is not in dispute that the Appellant was a bona fide passenger holding a valid journey ticket, which was verified from the Chief Booking Clerk.

(3.) Soon after the incident, a statement dtd. 14/2/2014 (A-31 of the Record and Proceedings) was given by the Appellant to the Railway Government Police ("GRP"), where he has stated that he alighted from the running train, but he fell down and his right leg came under the wheels of the train due to which his leg was severed from below the knee. However, in the claim made by him, the Appellant/Claimant has stated that he was standing near the lavatory and because of the sudden jerk, he fell down as he could not balance himself and his right leg came under the wheels of the train near Mominpura area, and thereafter, he was admitted to Mayo Hospital and during his treatment, his right leg was amputated above the knee. The Appellant has stated this in his affidavit dtd. 29/11/2016 before the Tribunal.