Case Note & Summary
The appellant, Kishor Vishnu Bondre, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained in a train accident on 06.02.2012. He alleged that while travelling by train no. 18474 Dn Jodhpuru – Puri Express from an unknown station to Raipur, when the train was passing through Dongargarh Railway Station, a sudden jerk caused him to fall from the moving train, resulting in his left leg below knee and right foot being amputated. He claimed that his journey ticket was lost in the accident. The respondent, Union of India through the General Manager, South East Central Railway, opposed the claim, contending that the appellant and his friend jumped from the running train to alight at Dongargarh, which had no scheduled halt, and that the injuries were due to their own criminal negligence. The Tribunal dismissed the claim, finding insufficient evidence to prove that the appellant was a bona fide passenger or that the incident was an untoward incident. The appellant appealed to the High Court. The High Court framed two issues: whether the appellant was a bona fide passenger and whether the injuries were sustained in an untoward incident. The appellant's advocate argued that the appellant's own testimony, along with the medical evidence and the fact that he was found at the railway station, established his bona fide passenger status. The Railway's advocate argued that the absence of a ticket and the lack of a scheduled halt at Dongargarh indicated that the appellant jumped from the train. The High Court analyzed the evidence and held that the appellant's consistent testimony, corroborated by the nature of his injuries (amputation), was sufficient to prove that he was a bona fide passenger on a preponderance of probabilities. The court noted that the Railway did not produce any evidence to show that the appellant jumped from the train. The court further held that a sudden jerk causing a fall from a train constitutes an untoward incident under Section 123(c) of the Railways Act, 1989. Consequently, the High Court allowed the appeal, set aside the Tribunal's order, and directed the Railway to pay compensation to the appellant as per the rules.
Headnote
A) Railway Law - Bona Fide Passenger - Lost Ticket - The appellant claimed to have purchased a journey ticket but lost it in the accident. The Tribunal dismissed the claim for lack of ticket. The High Court held that the appellant's own testimony, corroborated by the fact that he was found at the railway station and the nature of injuries, was sufficient to establish that he was a bona fide passenger. The burden of proof on the claimant is not to prove the ticket beyond all doubt, but to prove on preponderance of probabilities that he was a bona fide passenger. (Paras 7-10) B) Railway Law - Untoward Incident - Sudden Jerk - The appellant alleged that due to a sudden jerk, he fell from the moving train. The Railway contended that he jumped from the train. The High Court held that the appellant's consistent testimony and the absence of any evidence of jumping from the Railway's side established that the incident was an untoward incident under Section 123(c) of the Railways Act, 1989. A sudden jerk causing a fall is an untoward incident. (Paras 7-10) C) Railway Law - Compensation - Amputation - The appellant suffered amputation of left leg below knee and right foot. The High Court held that such grievous injuries entitle the claimant to compensation under the Railways Act, 1989 and the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. The Tribunal's dismissal was set aside and the claim was allowed. (Para 10)
Issue of Consideration
Whether the injured was a bona fide passenger travelling by the train in question with valid journey ticket; Whether the injured sustained injury in an untoward incident within the meaning of Section 123 of the Railways Act, 1989.
Final Decision
Appeal allowed. Judgment and order dated 07.12.2017 of the Railway Claims Tribunal, Nagpur is set aside. The claim is allowed. The respondent-Railway is directed to pay compensation to the appellant as per the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990.
Law Points
- Bona fide passenger
- untoward incident
- strict liability
- burden of proof
- lost ticket
- sudden jerk
- amputation
- compensation
