THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 273 of 2009 JUDGMENT : 1. This Civil Miscellaneous Appeal is directed against the order dated 10.04.2006 in O.A.A.No.472 of 2005 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereunder and whereby, the claim application filed by the appellant/applicant claiming compensation of Rs.2,00,000/- for the injuries sustained by him in an untoward incident, was partly allowed granting compensation of Rs.5,000/- directing the respondent/railways to pay the amount within 60 days from the date of the said order. 2. The appellant in the appeal is the applicant, and the respondent in the appeal is the respondent, before the Tribunal. For better appreciation of facts, the parties are hereinafter referred to, as they are arrayed before the Tribunal. 3. The applicant filed the claim application stating that on 29.10.2005, while he was travelling by train No.415 (Delta passenger) from Pallikonda to Secunderabad with a valid ticket, he sustained injuries in a railway accident, and that he was admitted in Railway Hospital, Lallaguda for injuries to both knees, on head and other parts of the body and internal injuries on ribs. 4. The railway administration admitted that name of the applicant was appearing in the list of persons injured in the accident prepared by CMD/SCR/SC and that the victim was paid exgratia of Rs.5,000/- for the simple injuries sustained by him. 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.415 Delta Passenger on 29.10.2005 ? 2. Whether the applicant sustained injuries as a result of the train accident ? 3. Whether the applicant is entitled to claim compensation as prayed for ? 4. To what relief ? 6. During trial, on behalf of the applicant, the applicant examined himself as A.W.1 and Exs.A.1 and A2 were got marked, and on behalf of the respondent, no oral evidence was let in, but Ex.R1-list of injured persons was got marked. 7. The Tribunal, after considering the oral and documentary evidence, allowed the claim application partly granting compensation of Rs.5,000/-. Challenging the same, the applicant filed the present appeal for enhancement of the compensation amount. 8. Learned Counsel for the appellant/applicant contended that when the Act provides for grant of Rs.80,000/- towards compensation for non-schedule injuries, the Claims Tribunal ought to have granted an amount of Rs.80,000/- as compensation. 9. On the other hand, learned Standing counsel for the respondent/railways contended that as the appellant/applicant had not sustained any serious injuries, which would cause lot of paid and suffering, the Claims Tribunal rightly granted the compensation; that an amount of Rs.5,000/- was paid to the injured as exgratia, and therefore, there are no grounds to interfere with the impugned order. 10. For the purpose of claiming compensation under Section 124A of the Railways Act, 1989, two requirements have to be satisfied, firstly, there must be untoward incident whereunder a person died or sustained injuries. 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 a train carrying passengers with a valid ticket. If these two requirements are proved, then the applicant is entitled to compensation. If the Railway administration wants to resist the claim, it has to prove that no untoward incident had happened or that the deceased was not a bona fide passenger travelling in a train carrying passengers or that its case falls under anyone of the exceptions as provided under proviso to Section 124-A of the Act. 11. It is not in dispute that the applicant sustained injuries in an untoward incident and that he was a bona fide passenger. Ex.R1-list of injured persons shows name of the applicant as one of the injured persons in the accident. Ex.A2 is the O.P. chit. For grant of compensation in respect of non-schedule injuries, it must be shown that the applicant must have sustained severe injuries with lot of pain and suffering. Under Sub-Rule (3) of Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, the amount of compensation payable in respect of any injury (other than an injury specified in the Schedule or referred to in sub- rule (2) resulting in pain and suffering, shall be such as the Claims Tribunal may after taking into consideration medical evidence, besides other circumstances of the case, determine to be reasonable. As seen from the O.P. chit, the applicant himself got discharged from railway hospital wherein he was admitted initially. The injuries shown in Ex.A2 are only simple in nature. There is absolutely no other medical evidence produced by the applicant to show that he sustained grievous injuries which caused lot of pain and suffering so as to grant an amount of Rs.80,000/- towards compensation. In the absence of any medical evidence, the Claims Tribunal rightly granted the compensation of Rs.5,000/- and the said order needs no interference. 12. The Civil Miscellaneous Appeal is, accordingly, dismissed. No costs. ________________ K.C. BHANU, J 18.10.2011 DRK THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 273 OF 2009 Date: 18.10.2011 Between : Gopi Narsaiah … APPELLANT A N D Union of India … RESPONDENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 943 OF 2008 Date: 18.10.2011