VASANT NAMDEV Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 challenging judgment and award passed by the learned Railway Claims Tribunal, Nagpur on 16.02.2006 in Claim Application No. 178/OA -II/RCT/NGP/2003 between the parties thereby rejecting claim petition filed by present appellant under Sec. 16 of the Railway Claims Tribunal Act, 1987 on account of injuries suffered by him due to accidental fall.

(2.) Brief facts leading to institution of present proceeding can be summarized thus: - -

(3.) Non -applicant -Union of India opposed the claim by filing two written statements. According to non -applicant/respondent, there is no cause of action in favour of applicant and his claim does not fall within ambit of Sec. 123 (c) (2) or Sec. 124 -A of the Indian Railways Act, 1989. According to non -applicant/respondent, enquiries reveal that no untoward incident or accidental fall of a passenger was reported or recorded at Raybag railway station in the night intervening 11.01.2000 and 12.01.2000. There was no alarm of chain pulling at Raybag railway station at the time of accident. Non -applicant/respondent further contended that the applicant cannot be treated as bona fide passenger. Averments made by him go to show that he was very careless about his own safety and he himself was responsible for the alleged injuries suffered by him. Non -applicant/respondent denied averments that because of sudden jerk from the passenger train, applicant suffered accidental fall resulting in amputation of his both legs.