THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A. No.1048 OF 2008 JUDGMENT: 1 This appeal is directed by the claimant against the order dated 12.04.2006 passed in O.A.A.No.231 of 2000 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad whereunder and whereby the Tribunal dismissed the said O.A.A. filed by the appellant seeking compensation of Rs.2,00,000/- for the injuries sustained by him in an untoward accident. 2 Brief facts that are necessary for disposal of the appeal are that on 25.11.1999 the applicant wile travelling from Visakhapatnam to Kantakapplli by train No. 2 VV, got down at Kottavalasa to drink water when the train stopped there and again while boarding the train, he fell down from the train due to which his three left hand fingers were cut sustaining crush injury. The applicant was shifted to King George Hospital, Visakhapatnam with the help of the Government Railway Police for treatment. Since he sustained grievous injury resulting in loss of left palm with fingers, he filed the claim petition seeking a sum of Rs.2,00,000/- as compensation. 3 The respondent (Railways) contested the said claim petition denying the accident and also about the train journey by having valid ticket by the applicant and 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 bona fide passenger of train No. 2VV Visakhapatnam – Vizianagaram passenger train travelling from Visakhapatnam to Kantakapalli on 25.11.1999? ii. Whether the applicant sustained injuries as a result of an untoward accident of accidental fall from the train at Kothavalasa Railway Station? iii. Whether the applicant is entitled to claim Rs.2,00,000/- as prayed for? iv. To what relief? 5 After considering the entire oral and documentary evidence available before it, the Tribunal, not believing the version of the applicant, dismissed the said claim petition. Aggrieved thereby, the appellant filed this appeal. 6 Now the point for consideration is whether the applicant is entitled for compensation, if so, to what amount? 7 The learned counsel for the appellant contended that though the applicant has not produced any medical certificate, but at the time of examination in the Tribunal, he categorically showed the amputation of half of the palm and that during the course of journey he sustained injuries in the untoward incident and that while travelling in the train as a bonafide passenger only he sustained those injuries and hence he is entitled for compensation. 8 On the other hand the learned standing counsel for the Railways opposed the same on the ground that the applicant was not a bonafide passenger travelling in the train and that no medical certificate was filed to show that he lost three fingers in the untoward incident and hence the Tribunal has rightly dismissed the O.A. and there are no grounds to interfere with the same. 9 For the purpose of claiming compensation, the injured must establish that he was a bondfide passenger travelling in a passenger train and that he sustained injury during the course of an untoward incident. Insofar as ticket is concerned, the evidence of P.W.1 is clear that he purchased a passenger train ticket from Visakhapatnam to Kantakapalli and boarded the train 2 VV Visakhapatnam to Vizianagaram Passenger in General Compartment and that when the train halted at Kothavalasa Railway Station, he got down from the train for drinking water. After drinking water, he went to the compartment and there was a rush in the compartment and while boarding he accidentally fell in between the platform and the train, as a result, his three fingers have been cut as the wheels ran over on the hand. Immediately he was shifted to the Government Railway Hospital at Kothavalasa and thereafter he was referred to King George Hospital, Visakhapatnam for further treatment. 10 The evidence of A.W.1 remained unchallenged. He stated that he also reported the incident to the police. The police made an entry in the general diary, which shows that some untoward incident has taken place. As the initial burden stands on the applicant has been discharged, it is established from his evidence that he was a bonafide passenger travelling in the passenger train. 11 Now coming to the injury sustained by the applicant, his evidence is clear that that he lost his three left hand fingers in the accident as the wheels ran over on his three fingers. No doubt the applicant has not produced any medical certificate to show that he sustained injuries in an untoward incident, but at the same time, from the evidence, it is clear that he had shown the amputation of three fingers while he was examined in the Tribunal. That aspect has been recorded in the order of the Tribunal itself. It is not the case of the Railways that the applicant sustained those injuries in some other place and in some other accident, but not during the course of the present railway accident. Therefore, the Tribunal ought to have allowed the original application as per Sl.No.8 of Schedule of Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 and awarded compensation of Rs.1,20,000/- to the applicant. 12 Hence this appeal is allowed and an amount of Rs.1,20,000/- is awarded to the applicant and directing the respondent to pay the same with simple interest at 6% p.a. from the date of application till the date of award and thereafter at 9% p.a. till realization. 13 At this juncture, the learned counsel for the respondent-Railways contended that with regard to granting of interest, a review petition is filed before the Supreme Court and seeks two months time to deposit the interest. In view of the fact that a review petition is pending before the Supreme Court, the respondent is directed to deposit the interest granted by virtue of this order after two months from today. In respect of compensation, the same shall be deposited forthwith. On such deposit, the applicant is entitled to withdraw the same. _____________ K.C. BHANU, J 11.08.2011 Kvsn