ABHISHEK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard. Admit. With the consent of the learned Counsel for the parties, the appeal is taken up for final hearing forthwith.

(2.) The appellant/applicant, dissatisfied with the judgment and order dtd. 27/3/2018 passed by the learned Member (Technical) Railway Claims Tribunal, Nagpur Bench (herein after referred to as the 'Tribunal') in Claim Application NO. 0A (Iiu)/NGP/2015/0056 has preferred this appeal.

(3.) The case of the applicant is that on 18/7/2014, he was travelling from Akola to Murtizapur by Train No. 12765 Tirupati-Amravati Express. While travelling in the train, he came to know that the train was not scheduled to halt at Murtizapur Station, and as his uncle suggested to him on the phone, he decided to go to Amravati. He was travelling in the General Compartment/Coach, which was very crowded, and there was no space to sit in the compartment. He was standing near the wash basin of the coach. Suddenly, due to the heavy jerk of the crowd, he fell from the train onto the platform at Murtizapur Railway Station, and both his legs came under the wheel of the train, resulting in severe injuries and amputation. Due to the injuries sustained, he was unconscious. Police authorities took him to the General Hospital, Murtizapur. Then he was shifted to the Icon Hospital, Akola, for further treatment, where one of his legs was operated on. Then he was shifted to Patil's Hospital, Akola, where his other leg was operated on. He was admitted for twenty-five days, and his further treatment continued until the application was filed. It is further contended that both his legs were severely crushed under the wheel of the train and, hence, both legs have been amputated below the knee, and, therefore, he became permanently disabled. Thus, he had filed the claim before the Tribunal.