AJAY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard finally by consent of both the learned counsel for the parties.

(2.) Being aggrieved by the judgment passed by Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.OA(IIu)/NGP/206/2019, dtd. 31/8/2022, thereby dismissing injury claim of the applicant under Sec. 16 of the Railway Claims Tribunal Act, 1989. The injured/applicant was travelling by train No.15017 dn. Kashi express train from Jalgaon to Burhanpur on 2/12/2018. He has purchased ticket from Jalgaon to Burhanpur and has boarded the train in general compartment. Due to rush and unexpected sudden jerk in the train he fell down from the train at KM 444/22-23 near Bhusaval yard, District ' Jalgaon (M.S.) and got severely injured. In said accident, he lost his both legs. He has filed claim petition for permanent disability caused in untoward incident.

(3.) The respondent-railway has resisted the claim of the applicant stating that the injured was not bonafide passenger of the train and he was unauthorized vendor and injuries sustained to the injured are self inflicted injuries. The alleged incident of accident is not an untoward incident of accident within the meaning of Sec. 123(c)(2) of the Railway's Act. The railway Tribunal after considering the evidence and documents on record, has rejected the claim stating that the claimant was unauthorizedly selling the eatables. The ticket filed on record is false and bogus and not purchased by the appellant/applicant and he was not a bonafide passenger and hence, rejected the claim.