MD. ATIKUR RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. I.A Talukdar, learned counsel for the appellant and Mr. B. Sharma, learned counsel appearing for the respondent railways.

(2.) The appellant had made a claim before the Railway Claims Tribunal, Guwahati resulting in the claim application No.OA.IIU-OY/2009 (OLD) and OA(IIu)GHY/2009/0007(NEW). According to the appellant, while he was travelling in the train Northeast Express from Delhi to Guwahati with a valid journey ticket, he fell down from the train at Sahdepur Kamal Station in Bihar on 17.08.2008 and as a result of falling down, he sustained grievous injuries on his left foot. He was taken to the Sub-Divisional Hospital, Eastern Central Railway at Garhara, where as a result of the accident, there was an amputation of his leg.

(3.) In course of the claim proceeding before the Tribunal, the appellant had exhibited a portion of the original railway journey ticket bearing No.39285573, which was blood stained along with the medical documents, the disability certificate and some medical bills etc. The respondent railways had not adduced any evidence before the Tribunal. Admittedly the claim of the appellant was made under Section 124A of the Railways Act, 1989. Provisions of Section 124A are as follows:-