D SRINIVAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has preferred this appeal against the order dated 28.4.1995 passed by the Railway Claims Tribunal, Bangalore Bench, in O.A. No. 85 of 1992 dismissing the application filed by him.

(2.) The appellant is the applicant who filed the application for compensation on account of the accident. Once his application was dismissed as not maintainable then the applicant approached this court. [See 1994 ACJ 1151 (Karnataka)]. He succeeded. Again the Tribunal has held that the application is not maintainable.

(3.) It is the case of the applicant that on 17.2.1992 at about 6.45 p.m. when he was about to board the Bangalore-Hyderabad Express to go to Raichur in Bangalore Cantonment Railway Station, a heavy iron girder which was loosely and carelessly fixed for electrification work of Bangalore- Jolarpet railway line suddenly fell upon the train and in turn fell upon the applicant causing grievous injuries to him and also to the co-passenger Gajendra. The applicant sustained the fracture of both tibia and fibula of the right leg on the upper 2/3 and l/2 of femur. As such, he claimed the compensation of Rs. 2,00,000. The defence taken by the respondent is that there was no accident to the train at the Bangalore Cantonment Railway Station. It is also contended that the applicant was ticket- less traveller and found travelling on the footboard negligently stretching his legs outside. It is also stated that on account of stretching his legs outside, he was injured when a ladder trolley came in contact with his legs between Bangalore Cantonment and Bangalore East Stations. Therefore, for (he act of the negligence of the appellant, he is not entitled for any compensation,