ACHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred assailing the judgment dtd. 1/9/2022 passed by the Railway Claims Tribunal, Bhopal Bench, by which, the claim application filed by the applicant-claimant under Sec. 16 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as "Act of 1987") has been dismissed.

(2.) For the sake of convenience, the parties are referred to as they arrived before the Railway Claims Tribunal (in short "RCT").

(3.) The facts giving rise to the present appeal can be summarized that on 8/6/2018, the injured-claimant purchased a second class travel ticket from Sagar to Khurai while he was sitting near ticket counter along with his other copassengers. At that time, Rajkumar Ahirwar and Prashant Rajak came there. The Prashant Rajak earlier left the train by Bina Express. Rajkumar and claimant himself boarded a general coach when he was near the gate Rajkumar went inside, thereafter, train started after leaving Sagar Station due to sudden jolting of the train he could not maintain his balance and fell down from the moving train near Rahatgarh Railway Station due to which his right hand was cut above the elbow due to the train accident and after the incident the railway staff/Railway Protection Force Sagar taken him to District Hospital Sagar for treatment in a 108 Ambulance from where he has been given first aid and shifted to Bundelkhand Medical College Sagar for treatment, later he was shifted to Sagarshree Hospital, Sagar and he has given a report and same has been registered a case in Crime No.0193/2018 by Sagar Police under Sec. 328, 326, 307, 201 r/w 34 of IPC and in the FIR Rajkumar Ahirwar and Prasant Kumar Rajak were shown them as an accused and investigation taken place. Due to incident his travel ticket, college bag, luggage etc. were lost.