RAVICHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant challenges the judgment and award dated 24.9.2004, passed by the learned Member (Technical), Railway Claims Tribunal, Nagpur Bench, in Claim Application No.13/0A-II/RCT/NGP/2003, whereby the claim application was dismissed by the learned Member of the Tribunal.

(2.) Appellant - Shri Ravichand, aged about 26-years, student by occupation, resident of Itwari, Nagpur, was travelling by Howrah-Ahmedabad Express Train No.8034 from Gondia to Nagpur, on 7.7.2002. It is the case of the appellant that there was a crowd in the compartment in which he was travelling and, therefore, he was standing near the door of the train. All of a sudden, there was a strong/forceful push from inside the compartment and he fell down therefrom and lost both of his legs which were amputed due to the untoward incident. The injured claimant was shifted to the Mayo Hospital, Nagpur. It is the case of the claimant that he had purchased ticket No.10474185 on 7.7.2002.

(3.) The Railway Administration had disputed its liability on the ground that the victim claimant was negligent and he was standing near the door of the train. It is not in dispute that the claimant was a bona fide passenger on the date of untoward incident. The facts on record revealed that the claimant along with his friend was a bona fide passenger. This was also pleaded in the claim application. The record indicates that except giving suggestion to deny the liability, no material was elicited from the claimant to indicate that there was no crowd in the compartment, in which the claimant was travelling or to indicate that the claimant was negligent in standing near the door of the compartment. Under these circumstances, the claimant cannot be blamed for standing near door when compartment is crowded. The victim/claimant was standing near the door of the compartment, which was crowded and he was bona fide passenger. The Tribunal observed in paragraph No.8, thus :