THE HONOURABLE SMT. JUSTICE M.G.PRIYADARSINI
Civil Miscellaneous Appeal No.1154 OF 2019
JUDGMENT:
Aggrieved by the dismissal Order passed by the Railway Claims Tribunal, Secunderabad Bench, at Secunderabad (for brevity, 'the Tribunal'), in OA II(U) No.78 of 2018, dated 24.10.2019, the applicant has preferred the present appeal.
2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the Tribunal.
3. The brief facts of the case are that, the applicant filed an application under Section 16 of the Railway Claims Tribunal Act 1987 read with Section 124-A of the Railway Act, 1989 seeking compensation of Rs.8 lakhs on account of the injuries sustained by him in an untoward incident that occurred on 31.10.2016. As per the applicant, on 31.10.2016 he went to Adilabad Railway station to go to Kinwat, at about 2-30 p.m. and after purchasing a journey ticket bearing No. APA 02779922 Ex.Adilabad - Kinwat boarded train No.57552 passenger train. While travelling he went to washroom and due to jerks at Ambadi railway station, he lost the balance and accidentally fallen down from the running train at Ambadi Railway Station. His both legs went inside the wheels of the train and got crushed. Railway staff as well as other passengers 2 MGP,J Cma_1154_2019 lifted him and Guard of the said train carried him up to Kinwat and then referred him to Government Hospital, Kinwat and after providing first aid they have shifted him to Government Hospital. Based on the message, Government Railway Police took up investigation. It is further contended that in the said incident, his right leg below knee was amputated, left foot was grievously crushed and doctors made grafting by removing flesh from the other area. But he is unable to walk with support of left leg and was bed ridden and became dependent on his family members. He spent huge amounts for his treatment in private hospitals. Hence, the claim.
4. The respondent railway filed counter denying the averments of the application and contended that the applicant is not a bona fide passenger and he is not in possession of journey ticket and therefore, prayed to dismiss the application.
5. Based on the above pleadings, the Tribunal framed the following issues:
1. Whether the applicant was a bona fide passenger of train and sustained injuries as a result of an untoward incident?
2. Whether the applicant is entitled to claim the compensation as prayed for and to what relief?
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6. Before the Tribunal, on behalf of the applicants, A.W.1 was examined and Exs.A1 to A7 were marked. On behalf of respondent- railways, no witness was examined, however, Divisional Railway Manager's Report was marked as Ex.R1.
7. The Tribunal after considering the evidence on record, both oral and documentary, dismissed the application. Aggrieved by the said dismissal order, the applicant has filed the present appeal.
8. Heard Sri S.Chandra Shekar, learned counsel for the applicant and Smt.G.Sampada, learned Standing Counsel for the Railways and perused the record.
9. The contention of the learned counsel for the applicant is that though the applicant has proved his case by examining himself as AW.1 and also by relying on the documents under Exs.A1 to A7, without considering the same, the Tribunal has erroneously dismissed the application and therefore, prays to allow the appeal by awarding just and reasonable compensation to the applicant.
10. On the other hand, learned counsel for the respondent Railways submitted that the Tribunal, after considering all the aspects, has rightly dismissed the application. Hence, interference of this Court is not necessary.
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11. This Court has perused the entire evidence and the documents filed by the applicant and the Divisional Railway Manager's Report filed by the respondent-Railways. AW.1 who is the claimant has reiterated the contents of the application and deposed about the manner of the accident by stating that on the date of accident i.e. 31.10.2016 he has purchased journey ticket and boarded passenger train No.57552 and while he was traveling, he went to the wash room due to the jerks, he has accidentally fallen down from the train and sustained injuries and his right leg below knee was amputated and left foot was crushed and that he spent huge amount for his treatment. He relied on Exs.A1 to A7. Nothing was elicited in his cross-examination to discredit his testimony.
12. A perusal of Ex.A1 message copy shows that, it is a message received from Station Superintendent, Kinwat, wherein it is mentioned that as per memo of Guard of 57552 at Kinwat, a male person aged about 40 years fallen down and injured at KM 124/6 at ABX station. Injured was brought and handed over to ambulance at Kinwat for further treatment at Government Hospital. As per Ex.A2 attested copy of General Diary entry, it is O.P. GRP, Kinwat, Xerox copy of injury register discloses that the injured male person fallen down at railway station Ambade from Adilabad Purna passenger train and received injuries and he was admitted in Government 5 MGP,J Cma_1154_2019 Hospital, Gokuda, Kinwat. His right leg amputated from knee and left leg foot was grievously injured. Ex.A3 is journey ticket bearing No.02779922 dated 31.10.2016. Ex.A4 attested copy of place of incident panchanama shows that GRP, Kinwat have conducted panchanama, wherein it is stated that, the injured person was fallen down at Ambadi railway station from Adilabad passenger train and received amputation of right leg and other grievous injuries to the left foot and on the head. No money or any precious articles were found with injured. Ex.A5 is the copy of Aadhar card of the applicant. Ex.A6 is the medical record of the applicant. Ex.A7 is letter from RIMS Hospital.
13. It is pertinent to state that there is no dispute regarding the manner of the accident and the injuries sustained by the applicant. As per the record, the applicant has travelled in a passenger train bearing No.57552 and has fallen down. Further there is no dispute that the applicant has taken treatment in Rajiv Gandhi Institute of Medical Sciences, Adilabad.
14. Coming to the Divisional Railway Manager's Report, which shows that the RPF has examined seven witnesses including the applicant. All the witnesses have categorically stated that they received information through Guard of the passenger train No.57552 and that on 31.10.2016 the train arrived at Ambadi 6 MGP,J Cma_1154_2019 station at 15.58 hours and after one minute stoppage when started from above station noticed that one unknown person had fallen down and injured while trying to catch the running train as such he stopped the train and he was not in possession of journey ticket.
15. It is pertinent to state that Ex.A3 original ticket was filed by the applicant and the details of the journey ticket are mentioned in the Divisional Railway Manager's report as ticket bearing No.A2779922 dated 31.10.2016. During the course of enquiries, on 18.6.2018 obtained ticket genuine particulars from Chief Reservation Inspector, S.C. Railway, Secunderabad. It came to know that the ticket having No. APA 02779922 was issued at Adilabad to Kinwat on 31.10.2016.
16. It is also pertinent to state that the claimant was examined as AW.1 and filed Exs.A1 to A7 and has discharged his initial burden to show that he was travelled in the train No.57552 passenger with a valid journey ticket. Further the respondent-Railways did not adduce any rebuttal evidence but concluded that the applicant is not a bona fide passenger. However, as per Ex.A3 original journey ticket and based on the genuine particulars from Chief Reservation Inspector, South Central Railway, Secunderabad, it is clearly established that the applicant possessed valid journey ticket and he is a bona fide passenger.
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17. Now coming to the aspect of falling down from the running train. Admittedly, there are no eyewitnesses to the incident. However, the applicant being the injured has categorically stated that while he went to the washroom, due to the jerks, he lost the balance and accidentally fell down from the running train at Ambadi Railway Station and sustained grievous injuries. It is also important to note that as per the Act, the enquiry has to be conducted within 60 days from the accident and should file the Divisional Railway Manager's report. But in the present case, the Divisional Railway Manager's report is filed after two years of the incident. Under these circumstances, this Court is of the considered opinion that, the applicant has successfully discharged his initial burden and proved that he traveled in the alleged train as a bona fide passenger and sustained grievous injuries in an untoward incident. Therefore, considering the entire evidence and the documents filed by the applicant including the journey ticket, this Court is of the considered opinion that the Tribunal has erred in holding that the deceased was not a bona fide passenger and dismissed the claim application. Hence, the applicant is entitled for compensation.
18. Coming to the compensation, according to the applicant, his right leg below knee was amputated and his left foot was crushed in 8 MGP,J Cma_1154_2019 the said incident. Medical Record of Rajiv Gandhi Institute of Medical Sciences (RIMS), Adilabad shows that the applicant has sustained traumatic amputation of right foot and severe crush injury to his left foot. Thus the applicant is entitled for compensation of Rs.4,00,000/- for amputation of below knee and Rs.1,00,000/- for crush injury of left foot, which is a non-schedule injury, as prescribed under Part III of Schedule annexed to the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. Thus in all the applicant is entitled for Rs.5,00,000/-. Since the accident occurred on 31.10.2016, which is before amendment of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, and the amount is awarded as per the amended Rules, no interest is awarded on the compensation amount.
19. In the result, the Civil Miscellaneous Appeal is partly allowed and the order passed by the Railway Claims Tribunal, Secunderabad Bench, in OA II(U) No.78 of 2018, dated 24.10.2019 is set aside. Consequently claim application is partly allowed by awarding the compensation of Rs.5,00,000/-. The respondent Railways is directed to deposit the compensation before the Tribunal within a period of two months from the date of receipt of a copy of this judgment. On such deposit, the applicant is permitted to withdraw the entire 9 MGP,J Cma_1154_2019 compensation without furnishing any security. There shall be no order as to costs.
Pending Miscellaneous applications, if any, shall stand closed.
______________________________ JUSTICE M.G.PRIYADARSINI 16.11.2023 PGP