Case Note & Summary
The appellants, parents of deceased Swapnil Patil, filed a claim before the Railway Claims Tribunal alleging that their son died after falling from a running train (Down Punjab Mail Train No.12137) on 4th August 2016 between Km.342/6 and 342/8 near Kajgaon Railway Station. They claimed he was a bona fide passenger with a valid composite ticket that was lost in the incident. The Railway contested, arguing the death was not an untoward incident and that the deceased was not a bona fide passenger as no ticket was recovered. The Tribunal dismissed the claim. On appeal, the High Court examined two issues: whether the death was an untoward incident under Section 123(c)(2) of the Railways Act, 1989, and whether the deceased was a bona fide passenger. The court found that the DRM and RPF investigation reports indicated the deceased fell from the train, and no loco pilot reported a run-over. The injuries were inconsistent with being run over. The court also accepted the evidence of the cousin Anil Patil and the investigation reports to conclude the deceased was a bona fide passenger. The court held that the Railway failed to rebut this evidence. Consequently, the court set aside the Tribunal's order and allowed the appeal, directing the Railway to pay compensation of Rs. 8,00,000/- with interest at 6% per annum from the date of the claim application till realization.
Headnote
A) Railway Law - Untoward Incident - Section 123(c)(2) Railways Act, 1989 - Death due to fall from running train - The court held that the death of a passenger who fell from a moving train constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, as it is an accident of the nature described in the provision. The court rejected the Railway's contention that the deceased might have been run over while crossing the track, noting absence of any loco pilot report and nature of injuries inconsistent with being run over. (Paras 7-10) B) Railway Law - Bona Fide Passenger - Section 124A Railways Act, 1989 - Lost ticket - The court held that the appellants successfully proved that the deceased was a bona fide passenger despite the ticket being lost in the incident, relying on the DRM and RPF investigation reports and the testimony of the cousin who accompanied him. The court noted that the Railway failed to rebut this evidence. (Paras 11-13) C) Railway Law - Compensation - Section 124A Railways Act, 1989 - Strict liability - The court held that once an untoward incident and bona fide passenger status are established, the Railway is strictly liable to pay compensation under Section 124A of the Railways Act, 1989, without needing to prove negligence. The Tribunal's dismissal was set aside and compensation awarded. (Paras 14-15)
Issue of Consideration
Whether the deceased died in an untoward incident as defined under Section 123(c)(2) of the Railways Act, 1989 and whether he was a bona fide passenger travelling with a valid journey ticket.
Final Decision
Appeal allowed. Judgment and order dated 6th December 2019 of 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 application till realization, within three months.
Law Points
- Untoward incident
- bona fide passenger
- burden of proof
- strict liability
- compensation under Railways Act
- 1989
