UNION OF INDIA Vs. V M RANGANADHAN

JUDGEMENT

(1.) The respondent fiied O.A.A.No.90 of 2004 before the Railway Claims Tribunal, Secunderabad, claiming compensation forthe injuries received by him, while travelling from Chennai to Vadodara on 03-04-2004. The respondent is a constable of Tamil Nadu Police. He pleaded that on an official duty, he was travelling in the Navjeevan Express to Vadodra on 03-04-2004. According to him, he got down at Ongole Railway Station to fill water in a can and when he was about to board into the train, it suddenly started with a jerk and thereby, he slipped and fell down between the train and the platform. His left leg is said to have been crushed.

(2.) The appellant disputed its liability, by stating that the respondent sustained a self- inflicted injury and his claim falls under the exceptions in Section 124-A of the Railways Act (for short 'the Act'). Through its order, dated 23-3-2006, the Tribunal awarded a sum of Rs.2,40,000/- as compensation. The same is challenged in this Civil Miscellaneous Appeal.

(3.) Sri B.H.R. Choudary, the learned counsel for the appellant submits that the facts of the case disclose that the respondent was negligent and careless while boarding the train, after collecting water from the platform, and thereby, it deserves to be treated as a self-inflicted injury, mentioned in Clause (b) of Section 124-A of the Act. He further submits that being a Government Servant, the respondent is entitled to be paid compensation by the State of Tamil Nadu and thereby, he was not entitled to claim compensation under the Act. He places reliance upon Section 128 of the Act.