Rajnish Kumar, J. - (1.) Heard, Sri M.K. Srivastava, learned counsel for the appellant and Sri Ajai Kumar Singh, learned counsel for the respondent.
(2.) The present appeal has been preferred by the appellant under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the order dated 23.05.2012 passed by learned Railway Claims Tribunal, Lucknow Bench, Lucknow in Case No. OA/II/U/522/2011, by which the claim petition has been dismissed on the ground of not having territorial jurisdiction to entertain the claim petition.
(3.) The claim petition was filed by the appellant before Railway Claims Tribunal, Lucknow Bench, Lucknow claiming compensation on account of injuries sustained by him and amputation of both legs on account of an untoward incident in which he fell down accidentally from the train at Devariya Railway Station. The appellant had disclosed that he is a permanent resident of Gorakhpur and he is presently residing and working as labour at Lucknow. The appellant had submitted a certificate issued by Village Pradhan, Gram Panchayat- Bhainsa Bazar, District-Gorakhpur indicating therein that he is a permanent resident of Gorakhpur. On preliminary objection being raised by the respondents regarding maintainability of the claim petition on account of his place of residence, the appellant had filed a rejoinder affidavit annexing therewith a certificate issued by Mr. Ramu Pal, Parshad, Nagar Nigam, Lucknow. It has been mentioned by the Parshad in his certificate that Pankaj Kumar S/O Ram Sahay is a resident of Bahardurpur, P.S. - Gudumba, Kursi Road, Lucknow.;