IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.1078 OF 2008 Date:19.09.2011 Between:- Y.Srinivas ...Appellant And Union of India. ... Respondent THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO. 1078 OF 2008 JUDGMENT: This Civil Miscellaneous Appeal is directed against the order, dated 03.04.2006, in O.A.A.No.218 of 2000, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, whereunder and whereby, the application filed by the appellant/applicant claiming compensation of Rs.4,00,000/- for the injuries sustained by him in an untoward incident, was dismissed. 2. The appellant in the C.M.A. is the applicant, and respondent in the C.M.A. is the respondent, before the Tribunal. For better appreciation of facts, the parties hereinafter are referred to, as they are arrayed before the Tribunal. 3. The applicant filed O.A.A. stating that on 01.03.2000 he boarded train No.573 Secunderabad-Bodhan passenger at Secunderabad Station in order to go to Kamareddi. While he was travelling in the said passenger train, he had accidentally slipped and fell down from the train due to jerk, sustained severe injuries. He was admitted in Gandhi Hospital, with the help of one Naresh Kumar. 4. The respondent/ Railways filed written statement denying the averments made in the application. It is stated that as per the Guard information, the alleged incident had not taken place at Medchal Railway Station; that when the train was yet to stop at Guntalapalli Railway Station, and was still rolling and yet to come to halt, one person by name Srinivas (applicant) suddenly attempted to step down from the running train in a very rash and careless manner and went into the gap between platform and track; that the alleged fall of the applicant from the running train at Guntalapochampalli, is due to his negligence and rash act and not covered under Section 123 ( c) (i) of the Railways Act, 1989 (for short, ‘the Act’) and hence, it prayed to dismiss the appeal. 5. Basing on the above pleadings, the following issues are framed for trial. “1. Whether the applicant was a bona fide passenger of Train No.573 Secunderabad –Bodhan Passenger, travelling from Secunderabad to Kamareddi on 01.03.2000? 2. Whether the applicant sustained injuries on account of an untoward incident of accentual fall from the said train at Medchal Railway Station? 3. Whether the applicant is entitled to claim compensation of Rs.4.00 lakhs on account of sustaining injuries in the alleged incident? 4. To what relief? 6. During trial, on behalf of the applicant, A.W.1 was examined and Exs. A1 to A10 were got marked, and on behalf of the respondent, no oral evidence was adduced, but Ex.B.1 was got marked. 7. After considering the oral and documentary evidence, the Tribunal dismissed the claim application holding that the applicant failed to prove his case. Aggrieved thereby, this appeal is preferred by the applicant. 8. Now the point for consideration is whether the order of the Tribunal is proper, correct and legal. 9. Learned counsel for the appellant/applicant contended that the applicant was a bona fide passenger travelling in a train carrying passengers; that he sustained injuries in an untoward incident, the Tribunal ought to have granted compensation and hence, he prays to set aside the impugned order. 10. On the other hand, learned standing counsel for the respondent/railways contended that no evidence was adduced to show that the applicant sustained injuries in an untoward incident; and therefore, the Tribunal after considering the oral and documentary evidence rightly dismissed the claim application and hence, he prays to dismiss the claim application. 11. For the purpose of claiming compensation under Section 124-A of the Act, two requirements have to be satisfied, firstly, there must be untoward incident whereunder a person died or sustained injuries and secondly that he was a bona fide passenger of the train. Untoward incident includes a person falling from the running train accidentally. Secondly, a person who died or sustained injuries must be a bona fide passenger travelling in the train with a valid ticket. If these requirements are proved, then the applicants are entitled for compensation. If the Railways want to resist the claim, it is has to prove that no untoward incident had happened or deceased was not a bona fide passenger travelling in a train carrying passengers or its case falls under anyone of the exceptions as provided under proviso to Section 124-A of the Act. 12. In case of injuries, the applicant must show that he sustained injuries in an untoward incident as a bona fide passenger. It is not in dispute that the applicant was a bona fide passenger travelling in a train carrying passengers with a valid ticket. Now the question is whether the applicant sustained those injuries in an untoward incident on that day. First of all the nature of injuries sustained by the applicant has not been proved by medical evidence. He filed Ex.A.5-discharge card, which shows that he sustained injuries in a train accident. The Doctor, who treated the applicant, was not examined to show that the injuries noticed on the body of the applicant might be possible by falling from a passenger train. To give one more opportunity, the matter can be remanded to Tribunal Therefore, it is a fit case where the order of the Tribunal can be set aside and accordingly set aside. 13. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the order, dated 03.04.2006 in O.A.A.No.218 of 2000 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad and remanding the matter to the Tribunal with a liberty to the appellant to produce necessary documents or evidence within a period of two months from the date of receipt of a copy of this order and thereafter another two months’ time shall be given to the respondent/railways to adduce its evidence, if any. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU SEPTEMBER 19, 2011 YVL