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3. Claimant filed claim application No.OA II U 066 of 2017 before the Tribunal seeking compensation of Rs.20,00,000/- contending that his right hand was amputated NC: 2024:KHC:29637-DB in a train accident during the course of his journey as passenger.

4. Case of the appellant in brief is as follows:

The appellant is a cook by profession. On 25.06.2016 he had gone to Shivmoga for cooking work. As he could not get work, on the same night at about 10:40 p.m he boarded the train from Shivmoga to Bengaluru. The coach he boarded was crowded. Therefore, he was standing near the door of the coach. Due to the crowd, he fell down on the track and came under wheels. His right hand was amputated and he lost consciousness. When he regained conscious, he found himself in Mc.Gann hospital, Shivmoga. His father, on information, came to Shivmoga, got him discharged from the said hospital. Then he was shifted to Victoria hospital, Bengaluru and he underwent surgery in the said hospital. Due to the accident, he suffered permanent disability. While traveling, he lost his train ticket along with his belongings.

Submission of Sri. Adinarayanappa, learned Counsel for the appellant:

8. (i) The documents produced before the Tribunal as well as discharge summary of Mc.Gann hospital produced before this Court clearly show that the claimant was admitted into the hospital with a history of traumatic amputation of right upper limb in train accident and when he was brought to the hospital, he was unattended and he was in a deranged mental state.

NC: 2024:KHC:29637-DB Even when he gave evidence, he was not in fit condition and he was not able to recollect the date and places.

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NC: 2024:KHC:29637-DB patient's general condition was poor, he was semi conscious and disoriented. That further shows that the patient's attender came on that day at 1:45 p.m. and he was discharged. There is no reason to disbelieve the aforesaid documents or to rely on them for the purpose of this case. The records of the Tribunal show that the face sheet of the discharge summary was produced before the Tribunal, but that was not marked. Therefore, the production of the present documents is not total new introduction and that can be permitted to achieve the end of justice. Ex.A8 face sheet of the discharge summary of Victoria Hospital shows that the victim was admitted into the said hospital on 07.07.2016 and discharged on 27.07.2016. The above records clearly show that the victim was at the mercy of the doctors and hospital staff and there was nobody to identify him. That goes to show that such entries regarding the date, time and place of the accident or manner of the accident were made on the basis of the information given by such disoriented injured person. Therefore, some inconsistencies might have occurred. However, statement regarding suffering injuries due to train accident was consistent.

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NC: 2024:KHC:29637-DB

18. There is material (Exs.A1 and A2) to conclusively show that on 26.06.2016 itself train accident intimation was given by Mc-gann Hospital doctors and a case was registered on 28.06.2016. It is hard to imagine that in such a condition the victim weaves up a story of train accident, taking advantage of injuries suffered by some other cause. Appellant had filed the affidavit to that effect before the Tribunal. Therefore, by such evidence, the claimant discharged his initial burden in terms of the judgment of the Hon'ble Supreme Court in Rina Devi's case referred to supra. Then the burden shifts to the respondent to rebut such evidence.