LAWS(JHAR)-2014-11-8

PRADEEP KUMAR MISHRA Vs. UNION OF INDIA

Decided On November 11, 2014
PRADEEP KUMAR MISHRA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 24th April, 2013 passed by Railway Claims Tribunal, Ranchi Bench in connection with Case No.OA(IIU)/RNC/2008/0039, whereby the application for grant of compensation filed by the appellant has been dismissed.

(2.) THE fact, in brief, is that the appellant Pradeep Kumar Mishra was travelling by TataAsansol, MEMU Passenger Train, on 12th May, 2008 for going to Durgapur along with his friends. He boarded in the said train at Tata Nagar Railway Station. It is disclosed that when the train stopped at Kandra Railway Station, the appellant got down for urinating because no toilet facility was available in the train. In the meantime, the train started and, therefore, the appellant ran to catch the train, but he slipped from the steps of the compartment and caught under the wheel and sustained injury on his right hand. In course of treatment, right hand of the appellant, below shoulder joint, was amputated.

(3.) THE appellant filed application for grant of compensation, which was dismissed by observing that the injury was self inflicted and it did not cause due to the conditions mentioned in Section 124A of the Railway Act, 1989.