Kamade Gajanan vs The Union Of India,
2023 Latest Caselaw 4054 Tel

     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

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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

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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

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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

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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

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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