1. By the present appeal, the appellants are challenging the judgment and order passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.OA (IIu)/NGP/ 45/2019, decided on 27.05.2021.

2. It is the case of the present appellant before the Claim Tribunal that the deceased, who was an unemployed person, was in search of employment. He is a permanent resident of Baroli village, District-Indore and in search of employment he was at Nagpur.

3. It is stated that on 12.12.2017, he has purchased Railway ticket to travel form Nagpur to Bangalore by Sangmitra Express bearing Train No.12296. It is stated that Sangmitra Express Train reached to the platform of Nagpur Railway Station at 20.40 hours. After the train reached to the station, he has boarded in the train and immediately after the train started, due to sudden jerk to the train, he fell down and sustained injuries. In that accident, due to severe injuries, his right hand was amputated below the shoulder. On the basis of this submission, he has filed the Claim Application before the Railway Tribunal thereby claiming the compensation of Rs.4,00,000/-.

4. The Respondent-Railway Administration has strongly opposed the application filed by the appellants. According to the respondent, it is not a case of untoward incident. They have specifically stated in their written statement that on 12.12.2017 the applicant was not having a valid journey ticket for travelling from Nagpur to Bangalore by Sangmitra Express. They have taken a specific stand that the applicant has attempted to commit suicide and as he could not succeed in the same, he caused injuries in the said incident and, therefore, considering this fact, he is not entitled for the compensation.

5. The respondent-railway administration has also relied upon their DRM enquiry wherein they have recorded the statement of Loco Pilot, Guard and other relevant persons who have corroborated the submission made by the respondent-railway administration that the applicant was trying to commit suicide and in that attempt, the appellant lost his right hand. In the light of this submission of rival parties, learned Tribunal has recorded the evidence of the parties.

6. The applicant has filed the affidavit before the Railway Tribunal reiterating the fact that he was intending to travel at Bangalore in search of employment and when he has boarded the train, there was a sudden jerk and in an untoward incident he fell down and caused multiple injuries. He further stated that his right hand has been amputated from below shoulder and, therefore, considering the permanent injury caused to him in the accident, he is entitled for the compensation.

7. The respondent-railway administration has relied upon evidence on affidavit of Mr. Devendrakumar Sitaprasad Rawat. (A-103). This person has specifically stated in his affidavit that on 12.12.2017 when he was working as Guard of Train No.12296, he noticed that at 20.55 hours, after departure of the train, the same was immediately stopped at 20.56 hours and the Loco Pilot had informed him that one person committed suicide by throwing himself in front of train engine. He further stated that he has passed over the said information to the Deputy Station Station Superintendent (outdoor) and Railway Police Force for necessary action. Relying the statement of this witness it is submitted that the evidence of this person is relevant in the present matter, because immediately within a period of one minute, he has noted down the incident and communicated to the higher officer.

8. The respondent then relied upon the affidavit of one Shyammohan Mohanlal Chouhan (A-107). He has specifically stated that he was working as an Assistant Loco Pilot of Train No.12296 and stated on the basis of a diary maintained by the Loco Pilot that, at Nagpur Railway station at 20.55 hours, the Loco Pilot was on the left side of the engine, noticed that one person committed the suicide by coming in front of the train engine from his side. The said fact was informed by the Loco Pilot to the Guard and then Deputy Station Master has taken further action in the matter.

9. The respondent further relied upon the affidavit of one Hariom Mahendra Sharma (A-110). This person was working in a carriage and wagon department. He stated that on 12.12.2017, he was working as a helper and doing the work of line blocker in shift 16.00 hours to 24.00 hours. He specifically stated that he was doing the duty at rolling point platform side towards Mumbai end i.e. away from the platform in order to monitor the rolling out of the train. At about 20.55 hours, Train No.12296 departed from platform no.2, at that time, he noticed that one person was entangled with the engine. He further stated that he has immediately informed the said fact to the Senior Section Engineer (C&W) Shri Sarkar.

10. It is pertinent to note in the present matter that the respondent has relied upon the affidavit of at least three persons to state that it was a case of attempt of suicide at the instance of applicant, but to rebut their version, appellant did not cross-examine the said witness before the Railway Claims Tribunal. As such, the evidence which was led by the respondent was remained uncontroverted in the present appeal.

11. In this background, the learned Tribunal has considered the entire case of the appellants and by relying upon the above said evidence and by interpreting Section 124-A of the Railways Act, reached to the conclusion that it is a case of an attempt of suicide and thereby rejected the claim application filed by the present appellants.

12. The appellant, who approached before this court challenging the judgment of the claim tribunal, has pointed out that in the present matter one important aspect i.e. the investigation done by the Government Railway Police Nagpur is not considered positively by the learned Tribunal. According to him, when this investigation officer prepared the police papers, they have specifically recorded the fact that one person had fallen down while boarding the Train No.12296 and got injured. Hence, on the basis of this documents, it has to be concluded that the appellant has never attempted to commit suicide, but it is a case of untoward incident.

13. In this matter, it would be pertinent to note that the Railway Administration has brought on record of evidence of eye-witnesses of incident. Same is not controverted by appellant by bringing any contrary evidence nor even cross examined the said witnesses. It is further pertinent to note that on the information of eye-witnesses, the Station Master lodged Police complaint and then complaint was registered to the Police Station. Therefore, admittedly the Government Railway Police, Nagpur has prepared the documents on the basis of spot panchanama and other relevant documents. Here, what is important is the eyewitness, who has witnessed this incident. The appellants have opportunity to cross-examine the persons who were examined before the Railway Tribunal and brought truth on record as he is stating before this court, but no attempt were made by the present appellant before the Railway Tribunal to establish his case.

14. In the present case, the railway administration has established their case and in support of their submission, has also adduced the sufficient evidence on record. The said evidence is not controverted by the appellant. In the circumstances, as the learned Tribunal has rightly appreciated the entire controversy involved in the matter, I do not find any merit in the present appeal. The present appeal stands dismissed. No costs.