Case Note & Summary
The case involves an appeal by the Union of India, represented by the General Manager of Central Railway, against an award of compensation by the Railway Claims Tribunal. The Tribunal had allowed a claim application filed by the respondents, who are the husband and children of the deceased, Deeplaxmi. The deceased died while attempting to board a train; she fell under the wheels and succumbed to injuries. The appellant argued that the deceased was negligent and that the incident was self-inflicted, thus not an 'untoward incident' under the Railways Act, 1989. The respondents contended that the deceased was a bona fide passenger who accidentally fell while boarding. The Tribunal, after considering oral and documentary evidence, concluded that the deceased was a bona fide passenger and that the incident was an untoward incident under Section 123(c)(2) of the Railways Act, 1989, awarding compensation of Rs. 4,00,000. The High Court, in this appeal, upheld the Tribunal's decision, finding no merit in the appellant's arguments. The court noted that the deceased was a bona fide passenger and that the incident occurred while she was boarding the train, which falls within the definition of an untoward incident. The appeal was dismissed, and the award of compensation was confirmed.
Headnote
A) Railways Act - Untoward Incident - Bona Fide Passenger - Section 123(c)(2) Railways Act, 1989 - The court considered whether the death of a passenger who fell while boarding a train is an untoward incident. The Tribunal found the deceased was a bona fide passenger and the incident was untoward. The High Court upheld the award of compensation, holding that the railway is liable for accidents during boarding. (Paras 1-3)
Issue of Consideration
Whether the death of a passenger who fell while boarding a train constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, entitling the dependents to compensation.
Final Decision
The appeal is dismissed. The judgment and award passed by the Railway Claims Tribunal, Nagpur Bench, in Claim Application No.56/OA-II/RCT/NGP/2006 dated 24.7.2009 is confirmed.
Law Points
- Untoward incident
- bona fide passenger
- strict liability
- compensation
- Railways Act
- 1989
Case Details
2023 LawText (BOM) (01) 330
First Appeal No. 1440 of 2009
Ms. Neerja Chaubey for Appellant, Mr. P.S. Mirache for Respondents
Union of India, General Manager, Central Railway, CST, Mumbai
Shriram Zolbaji Bandhe, Rajesh s/o. Shriram Bandhe, Minor Aditya s/o. Shriram Bandhe
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Nature of Litigation
Appeal against award of compensation by Railway Claims Tribunal for death of a passenger.
Remedy Sought
Appellant sought to set aside the award of compensation; respondents sought to uphold the award.
Filing Reason
Appellant challenged the Tribunal's finding that the death was an untoward incident, arguing it was self-inflicted due to negligence.
Previous Decisions
Railway Claims Tribunal, Nagpur Bench, in Claim Application No.56/OA-II/RCT/NGP/2006 dated 24.7.2009, awarded compensation of Rs.4,00,000/-.
Issues
Whether the death of a passenger who fell while boarding a train is an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989.
Submissions/Arguments
Appellant: The deceased was running from a bridge to catch the train despite instructions, fell under the wheels; it is a self-inflicted injury due to negligence, not an untoward incident.
Respondents: The deceased accidentally fell while boarding the train, which is an untoward incident; railway is liable to pay compensation.
Ratio Decidendi
The death of a bona fide passenger who falls while boarding a train constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, making the railway liable for compensation.
Judgment Excerpts
The Tribunal had also come to the conclusion that the alleged incident covered under the untoward incident and, therefore, Railway is liable to pay compensation.
The Tribunal has considered that the passenger is trying to enter into the train and as a result felled down, sustained injuries which is an untoward incident under Section 123(c)(2) of the Railways Act, 1989.
Procedural History
The respondents filed Claim Application No.56/OA-II/RCT/NGP/2006 before the Railway Claims Tribunal, Nagpur Bench, which awarded compensation on 24.7.2009. The appellant, Union of India, preferred First Appeal No. 1440 of 2009 before the Bombay High Court, Nagpur Bench, which was dismissed on 23.1.2023.
Acts & Sections
- Railways Act, 1989: Section 123(c)(2)
