Case Note & Summary
The appeal was filed by the claimants, being the wife, children, and parents of the deceased Ajay Kumar, challenging the judgment and order dated 25th October 2023 passed by the Railway Claims Tribunal, Nagpur Bench, which dismissed their claim for compensation. The deceased was travelling by Antyodaya Express on 12th July 2019 from Manmad to Chhapra with a valid ticket. At midnight, when the train reached Shirsoli Railway Station, the deceased fell from the moving train due to a sudden jerk, sustained injuries, and died. The Railway contended that the deceased was not a bona fide passenger and that he got down from the train and was hit by the Duronto Express due to his own negligence, claiming it was a self-inflicted injury. The Tribunal dismissed the claim. On appeal, the High Court considered the evidence, including the recovery of the journey ticket from the deceased's pocket, and held that the deceased was a bona fide passenger. The court found that the Railway's version of the deceased getting down and being hit by another train was not supported by credible evidence. The court held that the death was an 'untoward incident' under Section 124A of the Railways Act, 1989, and the Railway failed to prove the exception of self-inflicted injury. The 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 till payment.
Headnote
A) Railway Law - Untoward Incident - Bona Fide Passenger - Section 124A Railways Act, 1989 - The court considered whether the death of a passenger who fell from a moving train due to a sudden jerk is an 'untoward incident' under Section 124A. The court held that the death was an untoward incident and the Railway's defence of self-inflicted injury was not proved. The court allowed the appeal and set aside the Tribunal's order dismissing the claim. (Paras 1-10) B) Railway Law - Burden of Proof - Self-Inflicted Injury - Section 124A Railways Act, 1989 - The court examined the burden on the Railway to prove that the injury was self-inflicted. The court held that the Railway failed to discharge its burden as the evidence showed the deceased was a bona fide passenger and the incident occurred due to a jerk. The court directed payment of compensation of Rs. 8,00,000 with interest. (Paras 5-10)
Issue of Consideration
Whether the death of the deceased due to falling from a moving train constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, and whether the Railway is liable to pay compensation.
Final Decision
The appeal is allowed. The judgment and order dated 25th October 2023 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 till payment, within three months.
Law Points
- Untoward incident
- bona fide passenger
- strict liability
- self-inflicted injury
- burden of proof
- Railway Claims Tribunal Act
- 1987
- Railways Act
- 1989
