SHASHIKANT SON OF NANDKISHORE DHAGE Vs. UNION OF INDIA, THROUGH ITS GENERAL MANAGER, CENTRAL RAILWAY, MUMBAI CST

JUDGEMENT

(1.) Heard. Admit. Heard finally by consent of both the parties.

(2.) Appellant filed an application under Sec. 124A of the Railways Act for claiming compensation for the grievous injury he suffered in train accident which he described as an "untoward incident" as defined under Sec. 123 (c) (2) of the Railways Act. He submitted that he was travelling on train on 29th Aug. 2010 on a valid reservation-cum-ticket from Nagpur to Tirppur. He contended that when he reached Chandrapur Railway Station in wee hours, he alighted from the train in order to buy a toothbrush. But he could not see any store on the platform and while he was in the process of boarding the coach, due to sudden jerk that the coach received, the appellant lost balance and fell out of the coach and caught between the platform and the train and sustained injuries. His middle thigh on left leg was required to be amputated.

(3.) The application, on merits of the case, was rejected on the ground that the accident of a passenger who has fallen from a moving train is not covered by the definition of "untoward incident" under Sec. 123 (c) (2) of the Railways Act and therefore, the learned Member of the Tribunal rejected the claim application by its judgment and order dated 21st April 2016.