MOHAMMAD ZIYAODDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal preferred by one Mohammed Ziyaoddin, who herein after will be referred as appellant under Sec. 23 Railway Claims Tribunal Act against the order of Railway Claims Tribunal, Secunderabad Bench in O.A.II (U) No.305 of 2010 by which the application filed by the appellant herein for compensation was dismissed.

(2.) The appellant has filed the appeal on the ground that he suffered injuries due to fall from Bhagyanagar Express while traveling from Mancherial to Bellampally on 29/9/2010. He was referred to Hospital at Mancherial. His left leg was amputated below the knee. He has placed oral and documentary evidence before the Tribunal but his application was dismissed. According to the appellant, the Railway Tribunal committed error in dismissing his application in spite of the documentary evidence marked as Exs.A1 and A2. According to him, the first document i.e., entry in the General Diary marked as Ex.A1 indicates that the Railway booking clerk at Ravindrakhani station informed the police about the incident. Ex.A2 reveals that the Station Superintendent informed about the accident to the police on the basis of Ex.A1. The Tribunal wrongly placed reliance on the report of D.R.M. wherein, it was mentioned that there was no such accident, but the Tribunal ought to have conceded the evidence and also the Judgments relied on by the appellant herein. Thereby, the appellant sought for setting aside the order of Tribunal and sought for compensation.

(3.) As per the order which is under challenge, it appears that the appellant filed an application before the Railway Claims Tribunal under Sec. 16 of the Railway Claims Tribunal Act and sought for an amount of Rs.4,00,000.00 together with costs and interest as compensation for the injuries caused to him in an alleged accident. According to the averments made in the application and as per the award, it shows that the appellant has claimed that on 29/9/2010, with a view to see his grand mother, he proceeded to Mancherial in a bus and reached railway station, Mancherial and boarded Bhagyanagar train after purchasing necessary ticket but on the middle of the way near Ravindrakhani station, he accidentally fell from the running train due to heavy rush and jerks of train. He suffered grievous injury apart from ruptures on the body. He was immediately shifted to M.G.M. Hospital, his right leg was amputated below the knee, thereby, he sought for compensation for the above said injury.