THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No.1071 OF 2005 JUDGMENT: 1 This Civil Miscellaneous Appeal is directed against the order dated 09.08.2005 passed in O.A.A.No.155 of 1999 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad whereunder and whereby the claim petition filed by the appellant seeking compensation of Rs.3,20,000/- from the respondent for the injuries sustained by him in an untoward incident of accidental fall from a train, was dismissed. 2 Brief facts that are necessary for disposal of the appeal are that on 10.05.1999 the appellant purchased a ticket to travel from Vinukonda to Donakonda and boarded train No.428 Guntur – Guntakal passenger in general compartment and when the train was leaving Vinukonda station, he slipped and fell down accidentally from the running train due to jerks and as a result his right leg and right side of his waist were fractured and ultimately his right leg was amputated upto thigh. Hence he filed the claim petition seeking compensation of Rs.3,20,000/- from the respondent. 3 The respondent (Railways) contested the said claim petition by filing written statement and denied the aspect of purchase of ticket by the appellant. It is further stated in the written statement that as per the Guard of the train, who was an eye witness, the applicant came running when the train was starting at 17.11 hours after its due halt and attempted to get into the running train, resulting in the injury. It is further stated that the injured was found without any journey ticket and therefore he is not a bonafide passenger and that the fall was not on account of any untoward incident and hence prayed to dismiss the claim petition. 4 On the basis of the above pleadings, the Tribunal framed the following issues: i. Whether the applicant was a bonafide passenger of Train No.428 Guntur – Guntakal passenger travelling from Vinukonda to Donakonda on 10.5.1999? ii. Whether the applicant sustained injuries on account of an untoward incident of accidental fall from the said train at Vinukonda railway station? iii. Whether the applicant is entitled to claim compensation of Rs.1,60,000/- on account of sustaining injuries in the alleged untoward incident? iv. To what relief? 5 During the course of trial the appellant was examined as A.W.1 and Exs.A.1 to A.3 were marked on his behalf. On behalf of the respondent the Guard of the train was examined as R.W.1 and Exs.R.1 and R.2 were marked. Ex.C.1 and C.2 were marked by the Tribunal. 6 After considering the entire oral and documentary evidence available before it, the Tribunal dismissed the said claim petition observing that the deceased was not a bonafide passenger and that the injuries caused are not due to an accidental fall but the same are sustained by the appellant due to his own negligence and careless act and as such the conduct of the appellant cannot be held to be an untoward incident U/s. 124 A of the Railways Act (for short ‘the Act’). 7 Now the point for consideration is whether the order passed by the Tribunal is correct and valid? 8 The learned counsel for the appellant contended that the evidence of A.W.1 would go to show that he was standing in the queue at the ticket counter and he rushed to the train so that he would not miss the train which shows that the deceased was a bonafide passenger and hence he prays to set aside the impugned order. 9 On the other hand, the learned standing counsel for the respondent contended that the report given by Head Constable of the Railway Police is found to be false and the appellant failed to establish that he was a bonafide passenger and hence the Tribunal, after recording reasons, dismissed the claim application and that order needs no interference and hence prayed to dismiss the appeal. 10 For claiming compensation two requirements are to be satisfied. In case of death or bodily injury, the applicants have to establish that there was an untoward incident happened; and that the deceased/injured was a bonafide passenger travelling in a passenger train. 11 Insofar as the untoward incident is concerned, it is not in dispute that the appellant boarded the running train in general compartment and while it was leaving Vinukonda railway station he fell down from the compartment due to jerks as a result of which his right leg and waist were fractured. Therefore, the untoward incident in which the applicant/appellant sustained injuries is not in dispute. 12 With regard to the aspect of bonafide passenger, the initial burden is on the applicant to show that he was a bonafide passenger and he sustained injuries in an untoward incident. According to him he purchased a ticket and boarded the train No.428 Guntur to Guntakal Passenger. The applicant also filed the certificate issued by the Station House Officer, Vinukonda which is marked as Ex.A.1 wherein it is stated that the applicant had fallen from the running train and was holding a valid journey ticket. But during the course of investigation Ex.A.1 certificate was found to be false certificate issued by the Head Constable of Railway Police. Ex.C.1 General Diary Entry does not indicate about the applicant purchasing a ticket. Similarly Ex.C.2 also would clearly go to show that the injured has not purchased a ticket and therefore he is not a bonafide passenger. Further more, in the cross-examination of A.W.1 he admitted that when he was standing in the queue at the ticket counter, the train came to the platform and he rushed to the train so as not to miss the train and in a haste he tried to board the moving train. This admission of A.W.1 would clearly go to show that he had not purchased the ticket before getting entry into the train. As the applicant failed to establish that he was a bonafide passenger to travel in a passenger train, question of granting compensation does not arise. Therefore, the findings of the Tribunal are based upon proper appreciation of evidence on record. None of the findings is said to be perverse and contrary to law. 13 Therefore, the appeal is devoid of merit and is accordingly dismissed. No costs. ____________ K.C. BHANU, J. 08.09.2011 Kvsn