Case Note & Summary
The present appeal was filed by the original claimants, Vijay Namdev Barde and Sunana Vijay Barde, parents of deceased Akash Vijay Barde, challenging the judgment and award dated 7.2.2020 passed by the Railway Claims Tribunal, Nagpur, in Claim Application OA (IIu)/NGP/12/2019, whereby their claim for compensation was dismissed. The claimants contended that on 17.4.2018, their son Akash was travelling by train No.12132 Pune-Nagpur Express with a valid ticket. When the train reached near Belapur Railway Station, he left his seat to attend nature's call and was standing at the entrance of the bogie. After attending nature's call, he was pushed and accidentally fell onto the railway track, sustaining fatal injuries. The respondent-Railway contested the claim on the grounds that the deceased was not a bona fide passenger and that the death was not caused by an untoward incident. The Railway pointed out contradictions in the statements of the cousin sister and other witnesses, alleging manipulation of facts. The Tribunal, after hearing both sides, dismissed the claim, holding that the deceased was not a bona fide passenger and that the incident did not fall within the definition of 'untoward incident' under Section 123(c) of the Railways Act, 1989. Aggrieved, the claimants appealed to the High Court. The High Court examined the evidence, including the DRM report and the inquest panchnama, which indicated that the deceased was a bona fide passenger holding a valid ticket. The Court noted that the Railway had not adduced any evidence to rebut the presumption of the deceased being a bona fide passenger. The Court also observed that the Tribunal had erred in relying on minor contradictions in the statements of witnesses, which did not affect the core version of the incident. The Court held that the death of the deceased due to an accidental fall from the train squarely falls within the definition of 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the Railway is strictly liable to pay compensation under Section 124A. The Court set aside the impugned judgment and award and directed the Railway to pay compensation of Rs. 8,00,000/- along with interest at 6% per annum from the date of the claim application till realization.
Headnote
A) Railways Act, 1989 - Untoward Incident - Section 123(c) and 124A - Accidental Fall from Train - The death of a passenger who accidentally falls from a moving train while attending nature's call constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989. The Railway is strictly liable to pay compensation under Section 124A, and the burden to prove any exception lies on the Railway. (Paras 1-16) B) Railways Act, 1989 - Bona Fide Passenger - Section 2(29) - Valid Ticket - The deceased was a bona fide passenger as he was found in possession of a valid ticket at the time of the incident. The Railway's contention that he was not a bona fide passenger was rejected. (Paras 2-10) C) Evidence Act, 1872 - Appreciation of Evidence - Contradictions - Minor contradictions in the statements of witnesses do not discredit the prosecution case if the core version is consistent. The Tribunal erred in dismissing the claim based on minor discrepancies. (Paras 11-15)
Issue of Consideration
Whether the death of the deceased Akash Vijay Barde was caused by an 'untoward incident' as defined under Section 123(c) of the Railways Act, 1989, and whether the appellants are entitled to compensation under Section 124A of the said Act.
Final Decision
The appeal is allowed. The impugned judgment and award dated 7.2.2020 passed by the Railway Claims Tribunal, Nagpur, in Claim Application OA (IIu)/NGP/12/2019 is set aside. The respondent-Railway 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 claim application till realization.
Law Points
- Untoward incident
- Bona fide passenger
- Strict liability
- Burden of proof
- Section 124A Railways Act
- 1989
- Section 123 Railways Act
