THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.550 OF 2009 JUDGMENT: This Civil Miscellaneous Appeal by the Railways, under Section 23 of the Railway Claims Tribunal Act, 1987, is preferred aggrieved by the order, dated 12-02-2009 in O.A.A No.194 of 2007 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereunder and whereby the application filed by the applicant claiming compensation of Rs.2,00,000/- for the injury sustained by him, was allowed granting compensation of Rs.1,60,000/- and directing the Railways to deposit the said amount before the Tribunal together with interest at 9% p.a. from the date of order till the date of payment. 2. Brief facts are that on 22-04-2007, while the applicant was boarding the train No.359 at Gulbarga Railway Station after purchasing ticket, he accidentally fell down from the train, sustained grievous injury to his left leg, which was subsequently amputated. Hence, he filed the claim application. 3. The railways filed written statement denying the averments in the application and stated that the investigation revealed that the applicant while trying to board moving train, he sustained grievous injury, which is self-inflicted injury and hence, the applicant is not entitled for compensation. 4. Basing on the above pleadings, the following issues have been framed for trial. 1.Whether the applicant, was a bona fide passenger of train in question? 2.Whether the applicant sustained injuries as a result of untoward incident of accidental fall from the said train? 3.To what relief? 5. During enquiry, the applicant himself was examined as A.W.1 and got marked Ex.A1 to A5. No evidence either oral or documentary was adduced on behalf of the Railways. 6. The Claims Tribunal, after considering the evidence on record, allowed the application as stated above. Challenging the same, the present Civil Miscellaneous Appeal is filed by the Railways. 7. Now the point for consideration is whether the order of the Claims Tribunal is correct, legal and proper? 8. For the purpose of claiming compensation under Section 124-A of the Railways Act, 1989 (for short ‘the Act’), two requirements have to be satisfied, firstly, there must be untoward incident whereunder a person died. 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. As far as bona fide passenger is concerned, the Railway Administration is not disputing about the same. 9. Learned standing counsel appearing for the appellant- Railways contended that the applicant was trying to board the running train and due to his negligence, the incident had happened and therefore, the applicant is not entitled for compensation. 10. There cannot be any dispute that if a person accidentally falls from a running train, then he is entitled for compensation. In this case, no doubt the injured tried to board the moving train, as a result, he slipped accidentally and fell down from the compartment and received cut injury to his left leg. Section 124-A of the Act is in the nature of no fault liability. Negligence on the part of the injured is not a ground to deny the compensation to a bona fide passenger. The defences available to the Railway Administration are enumerated in the proviso to Section 124-A of the Act. The case of the Railway Administration does not fall under any one of the clauses as mentioned in the proviso to Section 124-A of the Act. The Tribunal rightly awarded compensation considering the fact that the injured while boarding the train, accidentally fall from the train and sustained injury. The said order needs no interference by this Court. 11. Accordingly, the Civil Miscellaneous Appeal is dismissed. No order as to costs. ________________ K.C. BHANU, J DATED: 11-08-2011 Hsd