Case Note & Summary
The appellants, being the wife and children of the deceased Gautam Patil, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, alleging that the deceased died in an untoward incident on 10.06.2011. The deceased was travelling by Train No. 51285 (Bhusaval-Nagpur passenger) from Tuljapur to Ajni Nagpur with his relatives. When the train reached Butibori Railway Station, the deceased alighted to purchase snacks. Before he could reboard, the train started moving. While attempting to board the moving train, he fell and was crushed under the wheels, dying on the spot. The appellants claimed he was a bona fide passenger with a valid ticket. The respondent-Railway denied the claim, contending that the death was due to the deceased's own negligence and thus not an untoward incident. The Tribunal dismissed the claim, holding that the deceased was negligent. Aggrieved, the appellants appealed to the Bombay High Court. The High Court framed two issues: whether the deceased was a bona fide passenger, and whether his death was an untoward incident under Section 123(c) of the Railways Act, 1989. The Court noted that the Railway had admitted the deceased was a bona fide passenger. Relying on the definition of 'untoward incident' in Section 123(c), which includes the accidental falling of a passenger from a train, the Court held that the death squarely fell within that definition. The Court further held that under Section 124A, the Railway's liability is strict and not defeasible by any negligence of the deceased. The Tribunal's finding of negligence was irrelevant. Consequently, the High Court allowed the appeal, set aside the Tribunal's order, and directed the Railway to pay compensation of Rs. 8,00,000/- with interest at 6% per annum from the date of the claim petition till realization.
Headnote
A) Railway Law - Untoward Incident - Bona Fide Passenger - Section 123(c) and Section 124A of the Railways Act, 1989 - The death of a passenger who fell while trying to board a moving train after alighting to purchase snacks is an 'untoward incident' under Section 123(c). The Railway is liable to pay compensation under Section 124A irrespective of any negligence on the part of the deceased. The Tribunal erred in dismissing the claim on the ground of negligence. (Paras 6-10) B) Railway Law - Compensation - Strict Liability - Section 124A of the Railways Act, 1989 - The liability of the Railway under Section 124A is strict and not subject to any defence of negligence or contributory negligence. Once it is established that the deceased was a bona fide passenger and died in an untoward incident, the claimant is entitled to compensation. (Paras 8-10)
Issue of Consideration
Whether the death of a passenger who fell while boarding a moving train constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and whether the Railway can avoid liability on the ground of negligence of the deceased.
Final Decision
The appeal is allowed. The judgment and order dated 30.03.2016 passed by the Railway Claims Tribunal, Nagpur Bench, is set aside. The respondent-Railway is directed to pay compensation of Rs. 8,00,000/- with interest at 6% per annum from the date of the claim petition till realization.
Law Points
- Untoward incident
- Bona fide passenger
- Strict liability
- Negligence not a defence
- Railway Claims Tribunal Act
- 1987
- Railways Act
- 1989
