RAMA SHANKAR PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsels appearing on behalf of the appellant and the respondent/railway.

(2.) The instant appeal has been filed against the Judgment dtd. 29/4/2014 passed in Claim Application No. OA 00101/2003 by learned Member (Technical), Dr. B. Ray of Railway Claims Tribunal, Patna Bench, by which the claim application of the appellant has been dismissed.

(3.) Mr. Anant Kumar, learned counsel appearing on behalf of the appellant submits that on 10/3/2003 the appellant was going to Patna Junction from Patna Sahib Railway Station by 555 Up Mokama-Danapur Passenger Train. The appellant had purchased a valid railway ticket before starting his journey and thereafter, boarded the said train at Patna Sahib railway station and after boarding, the train started but unfortunately the appellant fell down from the running train near the outer signal of Patna Sahib railway station due to heavy rush being inside the compartment, as a result of which he sustained serious injuries and lost his both legs in the said untoward accident. It is further submitted by learned counsel for the appellant that after accident, the appellant was brought to N.M.C.H., Patna for treatment and the accident matter was reported to Alamganj Police Station and subsequently, Sanha No. 620 of 2003 was lodged at G.R.P.S. Patna Sahib. Further submission is that at the time of accident, the appellant was a bona fide passenger traveling in 555 Up Mokama-Danapur Passenger Train and after accident he became physically handicapped and presently, he is dependent on others and in support of his traveling as a bona fide passenger, sufficient relevant documents were produced before the Tribunal and the appellant produced himself as a witness and he was examined as A.W.1., and in addition to his oral testimony he submitted six documents and got them marked as exhibits A1 to A6. It is further submitted that the respondent did not adduce any oral or documentary evidence before the Railway Tribunal to rebut the appellant's claim, and the Railway Tribunal dismissed the appellant's claim petition, without proper application of judicial mind, on technical ground.