D N UPADHYAY, J. - (1.) THIS appeal has been preferred against the judgment dated 24th April, 2013 passed by Railway Claims Tribunal, Ranchi Bench in connection with Case No.OA(IIU)/RNC/2008/0039, whereby the application for grant of compensation filed by the appellant has been dismissed.
(2.) THE fact, in brief, is that the appellant Pradeep Kumar Mishra was travelling by TataAsansol, MEMU Passenger Train, on 12th May, 2008 for going to Durgapur along with his friends. He boarded in the said train at Tata Nagar Railway Station. It is disclosed that when the train stopped at Kandra Railway Station, the appellant got down for urinating because no toilet facility was available in the train. In the meantime, the train started and, therefore, the appellant ran to catch the train, but he slipped from the steps of the compartment and caught under the wheel and sustained injury on his right hand. In course of treatment, right hand of the appellant, below shoulder joint, was amputated.
(3.) THE appellant filed application for grant of compensation, which was dismissed by observing that the injury was self inflicted and it did not cause due to the conditions mentioned in Section 124A of the Railway Act, 1989. The appellant has assailed the impugned judgment mainly on the ground that in course of travelling in the train, the incident took place and he was a bona fide passenger, having valid ticket and the claim of the appellant is fully covered by the judgment passed by the Hon'ble Supreme Court in the case of Union of India Vs. Prabhakaran Vijaya Kumar & Ors., 2008 2 TAC 777 , Paras10, 11 & 15. It is submitted that relying on the said judgment, this Court has also rendered judgment in the case of Mr. Bhuneshwar Saw Vs. Union of India through the General Manager, East Central Railway, 2014 2 JCR 726. It is submitted that as per the schedule of The Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, the appellant is entitled to receive compensation of Rs.3.20 lacs. The impugned judgment passed by the learned Tribunal is highly erroneous and the same is liable to be set aside.;