U.K.Dhaon, M.A.Khan, J.J. - (1.) This is an appeal against the judgment and award dated 23.10.2002 passed by the Railway Claims Tribunal, Lucknow, thereby awarding a sum of Rs. 4,00,000 by way of compensation to the respondent.
(2.) The case of the respondent in brief had been that he was travelling by Amritsar Howrah Express on 17.9.2000 with a second class journey ticket. He started his journey from Ambala to Patna on 16.9.2000 by purchasing a second class journey ticket. On 17.9.2000, when the train was passing near Tilhar Railway Station in district Shahjahanpur, the respondent was going to toilet in the railway compartment and fell down from the compartment due to sudden and violent jerk of the train, as a result of which he sustained severe and grievous injuries in both of his legs, which were ultimately amputated. According to him, he lost his journey ticket during the course of the incident in question.
(3.) The appellant Railways filed written statement and contested the claim on the ground that the respondent was not a bona fide passenger of the train in question and the incident does not come within the definition of 'untoward incident' as the respondent was travelling on the roof of the train at the time of accident, which was a criminal act.;