Case Note & Summary
The appellant, Nagesh Gulabrao Kale, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, for injuries sustained in an untoward incident on 15.04.2013. He alleged that while travelling as a bona fide passenger on Pragati Express Train No.2125 from Dadar to Pune, due to heavy rush and a sudden jerk, he fell from the train at Kasarwadi Railway Station, resulting in crush injuries to both legs, chest, head, and multiple other injuries, leading to amputation of both legs. The Railway opposed the claim, contending that the claimant was not a bona fide passenger and that the injuries were due to his own negligence. The Tribunal rejected the claim by order dated 06.09.2016. The appellant then filed the present appeal before the High Court. The High Court examined the evidence, including the ticket and the incident report, and found that the claimant was a bona fide passenger with a valid ticket. The court held that the fall due to a sudden jerk constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, and the Railway is strictly liable to pay compensation. The court 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 application till realization.
Headnote
A) Railways Act - Untoward Incident - Section 124A - Bona Fide Passenger - The claimant fell from a train due to a sudden jerk and sustained crush injuries resulting in amputation of both legs. The Railway Claims Tribunal rejected the claim on the ground that the claimant was not a bona fide passenger and the incident was not an untoward incident. The High Court held that the claimant was a bona fide passenger as he had a valid ticket, and the fall due to a sudden jerk constitutes an 'untoward incident' under Section 124A. The Railway's defence of self-inflicted injury was not proved. (Paras 1-10) B) Railways Act - Compensation - Strict Liability - Section 124A - The court held that once a passenger is a bona fide passenger and sustains injury in an untoward incident, the Railway is strictly liable to pay compensation. Negligence of the passenger is not a defence unless the injury is self-inflicted or due to suicide. (Paras 8-10) C) Evidence - Bona Fide Passenger - Ticket - The claimant produced a valid ticket bearing No.Q44127439 for the journey from Dadar to Pune. The Railway failed to rebut this evidence. The court held that the claimant was a bona fide passenger. (Paras 3-4)
Issue of Consideration
Whether the claimant is entitled to compensation under Section 124A of the Railways Act, 1989 for injuries sustained in an untoward incident, and whether the Railway's defence of self-inflicted injury or negligence is sustainable.
Final Decision
Appeal allowed. The impugned judgment and award of the Railway Claims Tribunal, Nagpur dated 06.09.2016 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 application till realization.
Law Points
- Untoward incident
- Bona fide passenger
- Strict liability
- Negligence not required
- Compensation for injury
