LAL BABU Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties The instant appeal under sec. 23 of the Railway Claims Tribunal Act, 1987 has been preferred against the order dtd. 9/4/2014 passed in Case no. OA 00200 of 2005 by the learned Member (Technical), Railway Claims Tribunal, Patna Bench at Patna whereby the petition of claim filed by the injured appellant was rejected.

(2.) The case of the appellant in brief is that the appellant on 28/1/2005 was travelling from Patna Junction to Teka Bigha Railway Station by 545 Down Danapur-Rajgir passenger train.

(3.) He was holding a valid train ticket. While getting down from the train at Teka Bigha Railway Station as a result of an accidental fall, the left leg and left forearm of the appellant came under the wheels of the train and he was seriously injured. Part of his left leg and left forearm of the appellant had to be amputated. It is further case of the appellant that having sustained grievous injuries in the accident he was brought by the Railway officials in an unconscious state to the Patna Medical College and Hospital, Patna (PMCH, Patna) on the date of accident ie on 28/1/2005. He underwent treatment and was ultimately discharged on 13/2/2005. Being ignorant about the steps that he was required to take, the appellant states that on being discharged he went home. Subsequently, on 17/5/2005, he came and gave his statement to the police of the Pirbahore Police Station on duty in the PMCH, Patna and his fardbeyan recorded on 17/5/2005 has been brought on record in the claim case. The appellant filed the copy of his treatment chart as also discharge slip which he received on request from the PMCH, Patna.