Case Note & Summary
The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dismissing the claim of the dependents of Deepak Nattuji Thakre, who died after falling from a train. The appellants, being the widow, children, and parents of the deceased, sought compensation under Section 124-A of the Railways Act, 1989, alleging that the deceased was a bonafide passenger traveling from Chandur Railway Station to Junnardeo via Nagpur on Train No. 59395 (Betul-Chhindwara passenger train) on 24th February 2014. According to the claimants, the deceased alighted at Hirdhagarh station for some work and while attempting to board the train again, the train started suddenly, causing him to slip and fall from the running train at kilometer No. 832/3-4. He succumbed to injuries on 26th February 2014 during treatment. The railway resisted the claim on the grounds that no valid ticket was found on the deceased and that the incident was not an untoward incident, as the deceased was trying to board a moving train despite warnings, which amounted to self-inflicted injury. The Tribunal dismissed the claim, holding that the deceased was not a bonafide passenger and that the incident was not an untoward incident. The High Court, in appeal under Section 23 of the Railway Claims Tribunal Act, 1989, examined the evidence and legal provisions. The Court noted that the railway's own witnesses (pointsman and RPF Constable) stated that the deceased was trying to board a moving train and slipped. The Court held that such an incident squarely falls within the definition of 'untoward incident' under Section 124-A, which includes accidental falling from a train. The Court further held that the railway failed to prove the exception of self-inflicted injury, as there was no evidence that the deceased intended to cause his own death or injury. Regarding the bonafide passenger issue, the Court observed that the absence of a ticket on the body does not conclusively prove that the deceased was not a bonafide passenger, especially when the claimants alleged that he had purchased a ticket. The Court set aside the Tribunal's order and allowed the appeal, directing the railway to pay compensation of Rs. 8,00,000 along with interest at 6% per annum from the date of the accident until payment.
Headnote
A) Railway Law - Untoward Incident - Section 124-A Railways Act, 1989 - Deceased fell while trying to board a moving train - Held that such an incident is an 'untoward incident' under Section 124-A, and the railway is liable to pay compensation unless the injury is self-inflicted or due to negligence of the passenger. The burden to prove exception lies on the railway. (Paras 1-18) B) Railway Law - Bonafide Passenger - Section 124-A Railways Act, 1989 - Claimants alleged deceased had a valid ticket, but no ticket was found on body - Held that even if no ticket is found, the deceased can still be considered a bonafide passenger if there is evidence of purchase or other circumstances. In this case, the Tribunal erred in dismissing the claim solely on ground of no ticket. (Paras 2-10) C) Railway Law - Self-Inflicted Injury - Section 124-A Railways Act, 1989 - Railway contended that deceased attempted to board a moving train despite warning, amounting to self-inflicted injury - Held that attempting to board a moving train does not automatically fall under the exception of self-inflicted injury; the railway must prove that the passenger intended to cause injury. (Paras 11-15)
Issue of Consideration
Whether the death of the deceased due to falling from a train while attempting to board a moving train constitutes an 'untoward incident' under Section 124-A of the Railways Act, 1989, and whether the claimants are entitled to compensation.
Final Decision
Appeal allowed. The judgment of the Railway Claims Tribunal, Nagpur dated 14th June 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 accident (24th February 2014) until payment.
Law Points
- Untoward incident
- bonafide passenger
- strict liability
- self-inflicted injury exception
- burden of proof
- Railway Claims Tribunal Act
- 1989 Section 23
- Railways Act
- 1989 Section 124-A
