NARENDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed by an injured passenger being aggrieved by the rejection of his claim before the Railway Claims Tribunal, Nagpur. By a judgment dtd. 23/12/2021, the Railway Claims Tribunal (the Tribunal), Nagpur, has dismissed the claim application filed by the Appellant.

(2.) On 30/11/2017, the Appellant was traveling from Masjid Bandar to Santacruz via. Vadala intersec. by Andheri Down Local Suburban Train. On the said date, he boarded the suburban train from Masjid Bandar around 6.00 p.m. At around 6.20 p.m when the train left Cotton Green Railway Station, the Appellant was inside the coach and operating his mobile, when suddenly a thief attacked him and snatched his mobile phone and ran away. The Appellant also ran behind him. The train had already started moving and the thief jumped off from the train. The Appellant was running behind him and while trying to catch him, he also tried to alight the train behind him. However, by the time the Appellant tried to alight the train, the train had reached the slope of the platform of the Cotton Green Railway Station and the Appellant fell down from the train and got injured. The Appellant was taken to Sion Hospital and later on, he was admitted in a Private Hospital in Chembur from 30/11/2017 to 4/1/2018.

(3.) The Appellant filed a claim application before the Tribunal claiming a sum of Rs.8.00 lakhs along with interest as compensation on account of the injuries sustained by him in the untoward incident that occurred on 30/11/2017. The Appellant contended that he was a bona fide passenger at the time of the incident and had sustained injuries in the said untoward incident, and therefore, entitled for the said compensation. The Tribunal has found that the Appellant had a valid journey ticket on the date of the incident. The Tribunal had examined the monthly season ticket that was submitted by the Appellant, which was found to be valid between the journey from Ville Parle to Chhatrapati Shivaji Maharaj Terminus/Churchgate via. 3 routes and valid from 30/11/2017 to 29/12/2017. Since the incident had occurred on 30/11/2017, the Tribunal held that the Appellant was a bona fide passenger of the train. Therefore, there is no issue on this count.