KISHOR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal, filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as "the Act of 1987" for short), challenge is to the judgment and order dtd. 7/12/2017 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellant-claimant under Sec. 16 of the Act of 1987 for compensation on account of injuries sustained by him was dismissed.

(2.) Background facts :- The appellant claims that on 6/2/2012, the appellant and his friend by name Mangesh Neware, after purchasing the journey ticket, boarded train no. 18474 Dn Jodhpuru - Puri Express to go to Raipur. It is stated that while travelling by the said train, when the train was passing through Dongargarh Railway Station, due to sudden jerk, he fell from moving train. He was rolled over by the wheels of the train. His friend jumped from the train to save him. The appellant sustained severe injuries. In the hospital, his left leg below knee was amputated. Similarly his right foot was also amputated. It is stated that the journey ticket was lost in the accident.

(3.) The respondent-Railway filed written statement and opposed the claim. According to the Railway, the appellant and his friend were travelling by Jodhpuri-Puri Express, which had no scheduled halt at Dongargarh Railway Station. In order to get down at Dongargarh, they jumped from the running train. They sustained injuries. The appellant sustained serious injuries. According to the Railway, the injuries sustained were due to criminal negligence of the appellant. The injuries were not sustained in an untoward incident. It was further stated that the journey ticket was not found. The injured was not a bona fide passenger.