Case Note & Summary
The present appeal is filed by the claimants (appellants) against the judgment and award of the Railway Claims Tribunal dated 27/05/2021 in case No. OA(IIu)/NGP/148/2019, whereby the Tribunal rejected their claim for compensation for the accidental death of Anil Vitthal Janjale. The deceased was travelling with his son on 09/02/2019 in train No. 51182 (Bhusawal Deolali Passenger) from Jalgaon to Pachora, holding a valid ticket. Due to rush, he was standing on the footsteps of the bogie and fell down after being pushed by someone, sustaining grievous injuries. He succumbed to his injuries while undergoing treatment. The claimants filed an application for compensation under the Railways Act, 1989. The Railway Administration resisted the claim, contending that the deceased alighted from the train to take a shortcut to his home and lost control due to his own negligence. The Tribunal, after considering evidence including the affidavit of Avinash (son of deceased), Marg Report, Spot Panchanama, and testimony of Railway witness Pankaj Kumar, held that the deceased's death was due to his own negligence and rejected the claim. The High Court, in appeal, examined the evidence and found that the deceased was a bona fide passenger with a valid ticket, and the fall occurred due to rush and push of other passengers, which constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989. The court noted that the Railway Administration failed to prove that the death fell within the exceptions of self-inflicted injury or negligence. The court allowed the appeal, set aside the Tribunal's order, and directed the Railway Administration to pay compensation of Rs. 8,00,000/- to the claimants with interest at 6% per annum from the date of the claim application till realization.
Headnote
A) Railways Act, 1989 - Untoward Incident - Section 124A - Strict Liability - The death of a passenger holding a valid ticket who falls from a train due to rush and push of other passengers is an 'untoward incident' under Section 124A. The Railway Administration is strictly liable to pay compensation unless the death falls within the exceptions of self-inflicted injury or negligence. (Paras 1-5) B) Railways Act, 1989 - Burden of Proof - Section 124A - The burden of proving that the death was due to the passenger's own negligence or self-inflicted injury lies on the Railway Administration. Mere suspicion or conjecture is insufficient. (Paras 4-5) C) Railways Act, 1989 - Negligence - Section 124A - Alighting from a train to take a shortcut does not constitute negligence per se. The court must examine the circumstances to determine if the passenger acted with due care. (Paras 3-5)
Issue of Consideration
Whether the death of the deceased who fell from a train due to rush of passengers constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, and whether the Railway Administration is liable to pay compensation.
Final Decision
The appeal is allowed. The judgment and award of the Railway Claims Tribunal dated 27/05/2021 is set aside. The respondent is directed to pay compensation of Rs. 8,00,000/- to the claimants with interest at 6% per annum from the date of the claim application till realization.
Law Points
- Untoward incident
- Strict liability
- Burden of proof
- Negligence
- Self-inflicted injury exception
- Section 124A Railways Act
- 1989
- Section 124A proviso
