ASHOK CHHOTELAL BHALLA 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. 4/5/2018, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim application made under Sec. 16 of the Act of 1987 by the appellant-claimant for compensation on account of the injuries sustained by him in an untoward incident came to be dismissed.

(2.) BACKGROUND FACTS: It is the case of the injured that on 13/8/2015, he purchased a journey ticket at Gondia Railway Station to go to Balaghat. After purchasing the journey ticket, he went to platform No.2 and boarded the train. It is stated that after boarding the train, he came to know that, by mistake, he had boarded the Gondia-Ballarshah train instead of Gondia-Balaghat train. By the time, he realized his mistake, the train had started running. It is stated that in order to deboard the said train at the platform, he came near to the gate. The train was moving at a slow speed. There was a sudden jerk to the train, and, therefore, he fell down, and his legs were crushed under the wheel. It is stated that he was a bona fide passenger travelling with a valid journey ticket. He boarded the wrong train due to the mistake. He fell from a running train, and as such, the injury sustained by him was in an untoward incident.

(3.) The respondent-Railways filed the reply and opposed the claim. It is the case of the Railways that the injured was not a bona fide passenger. The ticket was not valid for the train on which he had boarded. The injured, without taking proper care, boarded the wrong train, and after realizing his mistake, he jumped from the train. He sustained the injury. The injury sustained by him was due to his criminal negligence. It was a self-inflicted injury.