BABULAL MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present appeal filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as "the said Act") is directed against the order dt. 05.01.2012, passed by the Railway Claims Tribunal, Jaipur Bench (hereinafter referred to as "the Tribunal") in Original Application No. OA -II -117/2007, whereby the Tribunal has dismissed the claim petition of the appellant -claimant. The short facts giving rise to the present appeal are that the appellant -claimant had filed the claim petition before the Tribunal, alleging inter alia that on 24.07.2007, when he was traveling in the train -Puja Express going from Dausa to Alwar with the ticket bearing No. 20123, the appellant -applicant accidentally fell down from the running train near the level crossing of Dausa Railway Station, as a result of which he sustained grievous injuries and his both legs had to be imputed. The appellant -applicant, therefore, had claimed compensation against the respondent for the alleged untoward incident and the negligence on the part of the Respondent Administration. The said claim petition was contested by the respondent by filing the reply contending inter alia that the appellant -applicant was not the bona fide passenger, and no untoward incident as alleged had taken place. The Tribunal after having considered the evidence on record, has dismissed the claim petition, against which the present appeal has been filed.

(2.) IT has been sought to be submitted by the learned counsel Mr. Ajay Shukla for the appellant that the Tribunal had mis -appreciated the evidence on record, and dismissed the claim petition merely on the evidence of the driver of the train in question. According to him, the appellant -applicant was holding a valid ticket, and was traveling in the train in question, when he accidentally fell down from the running train, and therefore, it could be termed as an untoward incident within the meaning of Section 123(C) of the Railways Act 1989.