Case Note & Summary
The appellants, being the wife and children of the deceased Ruprao Barde, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, alleging that the deceased died in an untoward incident on 02.01.2013 while boarding Train No. 18029 Shalimar Express at Nagpur Railway Station. They claimed that the deceased had purchased a valid journey ticket, which was lost in the incident. The respondent-railway opposed the claim, contending that the death was not an untoward incident as the deceased fell while boarding a running train due to his own negligence, and that no ticket was recovered from his person or the spot, thus he was not a bona fide passenger. The Tribunal dismissed the claim, holding that the appellants failed to prove that the deceased was a bona fide passenger. Aggrieved, the appellants appealed to the High Court under Section 23 of the Railway Claims Tribunal Act, 1987. The High Court allowed the appeal, setting aside the Tribunal's order. The Court held that the death of a passenger while boarding a train is an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, and that the railway administration is strictly liable under Section 124A of the Railways Act, 1989, read with Section 16 of the Railway Claims Tribunal Act, 1987. The Court further held that the non-recovery of the ticket does not automatically negate the status of a bona fide passenger; the claimants can prove the same by other evidence, including oral testimony. The Court found that the evidence on record, including the testimony of the appellants and the circumstances, sufficiently established that the deceased had purchased a valid ticket. The Court also noted that negligence of the deceased is not a defence under the Act. Consequently, the Court directed the respondent-railway to pay compensation of Rs. 8,00,000/- to the appellants with interest at 6% per annum from the date of the claim application until realization.
Headnote
A) Railway Law - Untoward Incident - Bona Fide Passenger - Sections 123(c)(2) and 124A of the Railways Act, 1989 - The death of a passenger while boarding a train is an 'untoward incident' under Section 123(c)(2). The burden to prove that the deceased was a bona fide passenger is on the claimants, but the standard of proof is preponderance of probabilities. Non-recovery of the ticket does not automatically negate bona fide passenger status if other evidence, such as oral testimony and surrounding circumstances, establishes that a valid ticket was purchased. (Paras 6-10) B) Railway Law - Compensation - Strict Liability - Section 16 of the Railway Claims Tribunal Act, 1987 - The railway administration is strictly liable to pay compensation for death or injury in an untoward incident, regardless of negligence. The only exceptions are those specified in the proviso to Section 124A, such as suicide or self-inflicted injury. The Tribunal erred in dismissing the claim on the ground that the deceased was negligent in boarding a running train, as negligence is not a defence under the Act. (Paras 11-13) C) Evidence - Proof of Bona Fide Passenger - Preponderance of Probabilities - In claims under the Railway Claims Tribunal Act, 1987, the claimants need not prove the existence of a ticket with mathematical precision. The court may draw an inference in favour of the claimants if the evidence, including oral testimony of witnesses and the circumstances of the incident, supports the conclusion that the deceased had purchased a valid ticket. The Tribunal's approach requiring recovery of the ticket was too strict and contrary to the beneficial nature of the legislation. (Paras 8-10)
Issue of Consideration
Whether the death of the deceased while boarding a train constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, and whether the appellants are entitled to compensation under Section 16 of the Railway Claims Tribunal Act, 1987, despite the non-recovery of the journey ticket.
Final Decision
The High Court allowed the appeal, set aside the judgment and order of the Railway Claims Tribunal dated 09.05.2017, and directed the respondent-railway to pay compensation of Rs. 8,00,000/- to the appellants with interest at 6% per annum from the date of the claim application until realization.
Law Points
- Untoward incident
- bona fide passenger
- burden of proof
- strict liability
- Railway Claims Tribunal Act 1987 Section 16
- Section 123(c)(2) Railways Act 1989
