Case Note & Summary
The appellants, dependents of the deceased Pruthviraj Gajbhiye, filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, against the judgment and order dated 21st December, 2020, passed by the Railway Claims Tribunal, Nagpur, rejecting their claim application for compensation on account of the death of Shri Pruthviraj Gajbhiye in a purported untoward incident. The case of the appellants was that the deceased went to Ajani Railway Station on 1st March, 2018, to receive his son Sawan, who was coming to Nagpur for Holi festival. While waiting on the platform, the deceased was hit by Train No. 12723, Telangana Express, and died on the spot. The deceased had a valid railway ticket. The Railway Claims Tribunal rejected the claim on the ground that the deceased was not a 'passenger' as he was not traveling on the train, and that the incident did not fall within the definition of 'untoward incident' under Section 123(c) of the Railways Act, 1989. The legal issues before the High Court were whether the deceased was a 'passenger' within the meaning of the Railways Act, and whether his death was an 'untoward incident' entitling the dependents to compensation under Section 124A. The appellants argued that the deceased had a valid ticket and was within the railway station premises, and thus was a passenger. The respondent Railways argued that the deceased was not a passenger as he was not traveling, and that the incident was not an untoward incident. The court analyzed the definition of 'passenger' under Section 2(29) of the Railways Act, 1989, and held that a person who has a valid ticket and is within the railway station premises for the purpose of traveling or for any other purpose connected with the railway is a passenger. The court further held that the death of a person at a railway station due to being hit by a train is an 'untoward incident' under Section 123(c). The court also noted that the burden of proving the exception under Section 124A, such as suicide or self-inflicted injury, lies on the Railways, and the Railways had failed to discharge that burden. The court allowed the appeal, set aside the order of the Tribunal, and directed the Railways to pay compensation of Rs. 8,00,000 along with interest at 6% per annum from the date of the application.
Headnote
A) Railway Law - Untoward Incident - Definition - Section 123(c) and 124A Railways Act, 1989 - The death of a person who was at the railway station to receive his son, and who was hit by a train, constitutes an 'untoward incident' as defined under Section 123(c) of the Railways Act, 1989. The court held that the deceased was a 'passenger' as he had a valid ticket and was within the precincts of the railway station. (Paras 1-10) B) Railway Law - Burden of Proof - Exception to Liability - Section 124A Railways Act, 1989 - The burden of proving that the death was due to suicide or self-inflicted injury, or that the deceased was not a bona fide passenger, lies on the Railways. In the absence of such proof, the dependents are entitled to compensation. (Paras 11-15) C) Railway Law - Compensation - Quantum - Section 124A Railways Act, 1989 - The dependents of the deceased are entitled to compensation as per the schedule under the Railways Act, 1989. The court directed payment of compensation with interest at 6% per annum from the date of the application. (Paras 16-20)
Issue of Consideration
Whether the death of the deceased, who was at the railway station to receive his son, falls within the definition of 'untoward incident' under Section 123(c) of the Railways Act, 1989, entitling the dependents to compensation under Section 124A, and whether the Railway Claims Tribunal erred in rejecting the claim.
Final Decision
The appeal is allowed. The judgment and order dated 21st December, 2020 of the Railway Claims Tribunal, Nagpur, is set aside. The respondent Railways is directed to pay compensation of Rs. 8,00,000 to the appellants along with interest at 6% per annum from the date of the application till realization.
Law Points
- Untoward incident
- Strict liability
- Burden of proof
- Railway Claims Tribunal
- Compensation
- Section 124A Railways Act
- 1989
- Section 123 Railways Act
- Section 23 Railway Claims Tribunal Act
- 1987
