LALCHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal, filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (for short "the Act of 1987"), challenge is to the judgment and order dtd. 02/08/2011 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim application made by the appellant was partly allowed.

(2.) Background facts:- The appellant met with an accident while travelling in railway. On 12/1/2011 the appellant was proceeding to Nagpur from Butibori by Bhusawal Nagpur passenger train with valid railway ticket. It is his case that due to heavy rush and sudden jerk he fell from running train at Butibori Station. He sustained serious injuries. He was shifted to Orange City Hospital. His left leg was amputated. In his right leg there was no sensation. According to appellant, he has sustained 100% permanent disability. He therefore, claimed compensation of Rs.10,00,000.00.

(3.) Respondent filed written statement and opposed the claim. It is denied that the appellant sustained the injuries in an untoward incident. According to the railway, the incident occurred due to negligent act of the appellant. The appellant did not take care. He boarded the running train. He lost his balance and fell down. The injury sustained was self inflicted injury. He was not entitled to get the compensation.