HAMANT KUMAR @ HAPPY Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal, filed under Sec. 23 of the Railways Claims Tribunal Act, 1987 (for short, the 'Act'), is directed against the order of the Railways Claims Tribunal, Chandigarh Bench dtd. 6/2/2012, whereby the claim for injuries on account of the left arm totally being crushed and right arm being fractured on an accident which took place on 15/1/2010, has been rejected by the Tribunal on the ground that they were self-inflicted injuries and would fall within the exceptions of Sec. 124-A of the Act. It was further noticed that there was no ticket along with the appellant and therefore, it was held that he was not a bona fide passenger of the train in question. Resultantly, it was held that on account of his own negligence, the accident, as such, had happened and the Railway Administration was absolved of the liability to pay compensation, by bringing it within the ambit of Sec. 124 -A (b) (c) of the Act.

(2.) Counsel for the appellant has vehemently submitted that there is no doubt, as such, to the factum of injury having taken place at Doda Kheri Railway Station and therefore, the findings which have been recorded by the Tribunal that it was not an untoward incident, is not justified. The appellant had been taken to the hospital by the Railway authorities themselves and there was sufficient material to show that proceedings were recorded regarding his falling down from the train.

(3.) Counsel for the respondent, on the other hand, submitted that for the own negligent act of the appellant and there cannot be a premium for such acts, as such, and the appellant is not entitled for the benefits claimed. He, on his own account, had got out off a moving train which was not scheduled to have a stop at that station.