The Union Of India, Through General Manager, Central Railway, Mumbai v. Afroz Khan S/O Yusuf Khan Pathan

34 fa 197-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 197/2021 The Union of India, through General Manager, Central Railway, C.S.T., Mumbai Vs.

Afroz Khan S/o Yusuf Khan Pathan - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri. Nitin Lambat, Advocate for appellant Ms Gayatri Diwe, Advocate h/f Shri P.R. Agrawal, Advocate h/f for respondent CORAM : SMT. M.S. JAWALKAR, J.

DATE : 27/07/2022 The present appeal is filed challenging the order passed by Railway Claims Tribunal. There is no dispute that applicant was having valid ticket, he suffered amputation on right leg below knee. The Claims Tribunal allowed the appeal and granted compensation of Rs.4,00,000/-. The Union of India preferred this appeal as claimant was boarding the train in motion from the off side of the platform and therefore, it amounts to self inflected injury which cannot be covered under Section 124 - A and will be exception to said section. 2.

In view of judgment of Apex Court in Union of India Vs. Rina Devi reported in AIR 2018 SC 2362 and

34 fa 197-2021.odt Union of India Vs. Prabhakaran Vijay Kumar and others reported in (2008) 9 SCC 527, injury during the boarding or de-boarding the trains is an untoward incident and it cannot amount to self inflected injury. The self inflicted injury required such intention to inflict such injury and not mere negligence of any particular degree. The Counsel for respondent/claimant also relied on judgment in First Appeal No.152/2018, wherein the claimant while alighting from running train suffered injury from the off side of the platform. As such, the learned Counsel for the Tribunal rightly assessed the evidence on record and granted the amount. The learned Tribunal right in holding the case is of untoward incident. There is no merit in the appeal. The appeal is dismissed.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE