MISCELANEOUS APPEAL No.130 OF 2008 *** Against the order dated 21.11.2007 passed in Claim Application No. OA 00082 of 2004, by the Railway Claims Tribunal, Patna Bench, Patna, *** UNION OF INDIA THROUGH GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR ….Appellant Versus VIJAY KUMAR PANDEY, s/o Late Ram Niwas Pandey, Resident of village- Dharmpura, Thana- Arrah, District- Bhojpur …Respondent *** For the appellant : Mr. Shabbir Ahmad, Advocate For the respondent : None *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. This appeal has been filed against the order dated 21.11.2007 passed in Claim Application No. OA 00082 of 2004, by which the Railway Claims Tribunal, Patna Bench, Patna, has awarded a sum of Rs.4,00,000/- together with interest @ 9% per annum from the date of the order on account of serious injury having been caused to the claimant. 2. Counsel for the appellant contends that the appellant was not a bonafide railway passenger since even though he was a railway employee, he had no duty pass with him. The second contention of the appellant is that as per the Fard Beyan it is apparent that he had slipped from the train on account of his own negligence and, therefore, it was a self inflicted injury and not an “untoward incident”. The appellant has also assailed the judgment on the ground that there are factual discrepancies in the narration of chain of events and, therefore, had created a reasonable doubt on the claim of the claimant. 3. On going through the records of the case, I find that no doubt in the fard beyan the claimant has said that no one should be responsible for this - 2 - accident and he had slipped from the train when he lost hold of the train, but it was only for the purpose of a criminal case since a fard beyan had been given. The next contention that the claimant did not have a railway duty pass has also no meaning since he did have privilege pass which was exhibited as Exhibit-A-7. 4. Under the circumstances, there is no difficulty in holding that the claimant had fallen from the train when he lost hold of the train on account of heavy rush in the train and was liable for compensation for this untoward incident. 5. In view of such, I find no merit in this appeal. The same is dismissed. 6. The Claims Tribunal is directed to disburse the compensation amount within a period of three months from the date of receipt/production of a copy of this judgment, if not already paid. (Anjana Prakash, J.) Patna High Court Patna Dated the 13th December, 2010 NAFR / JA/-