Case Note & Summary
The appeal arises from a judgment and award dated 26.11.2019 passed by the Railway Claims Tribunal, Nagpur, which rejected the claim for compensation filed by the appellants, the wife and children of the deceased Manoranjan Bachad. The deceased died on 05.04.2017 after falling from a running train near Sirpur Railway Station. The claimants contended that the deceased had purchased a ticket and boarded the Bhagyanagar Express from Secunderabad to Sirpur for a medical checkup. During the journey, he slept and missed his stop, proceeding to Balharshah. He then purchased a ticket from Balharshah to Sirpur and boarded the Bhagyanagar Express again. While alighting at Sirpur, he accidentally fell from the train, sustained injuries, and was declared dead at the Government Hospital, Sirpur. The claimants claimed compensation of Rs.8,00,000/-. The Tribunal rejected the claim on the ground that the deceased was negligent in missing his stop and that the fall was due to his own negligence, thus falling under the exception to Section 124A of the Railways Act, 1989. The High Court framed the issue of whether the death constitutes an 'untoward incident' under Section 124A. The court noted that the term 'untoward incident' includes accidental falls from trains. The railway administration is strictly liable unless it proves one of the exceptions: suicide, self-inflicted injury, or the passenger's own negligence. The court found that the railway failed to prove any exception. The mere fact that the deceased missed his stop and purchased another ticket does not amount to negligence. The fall was accidental. The court held that the Tribunal erred in shifting the burden of proof onto the claimants. Accordingly, the appeal was allowed, the Tribunal's order was set aside, and the claimants were awarded 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, 1989 - Untoward Incident - Section 124A - Strict Liability - The death of a passenger due to accidental fall from a train is an 'untoward incident' under Section 124A, and the railway administration is strictly liable to pay compensation unless any of the exceptions under the proviso to Section 124A apply. The burden of proving an exception lies on the railway. (Paras 1-10)
B) Railways Act, 1989 - Burden of Proof - Section 124A proviso - The railway must prove that the death was due to suicide, self-inflicted injury, or the passenger's own negligence. Mere suspicion or lack of evidence of ticket purchase does not discharge this burden. (Paras 11-15)
C) Railways Act, 1989 - Compensation - Section 124A - Claimants are entitled to compensation of Rs.8,00,000/- with interest at 6% per annum from the date of the claim application till realization, as per the schedule under the Railways Act. (Paras 16-20)
Issue of Consideration
Whether the death of the deceased Manoranjan Bachad due to a fall from a running train constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, entitling the claimants to compensation, and whether the Railway Claims Tribunal erred in rejecting the claim on the ground that the deceased was negligent.
Final Decision
Appeal allowed. Judgment and Award dated 26.11.2019 passed by the Railway Claims Tribunal, Nagpur is set aside. The claimants are entitled to 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
- strict liability
- burden of proof
- railway accident
- compensation
- Section 124A Railways Act
- 1989
- Section 124A proviso
- accidental fall
- self-inflicted injury
- negligence
Case Details
2023 LawText (BOM) (04) 147
First Appeal No.62 of 2021
Mr. R. G. Bagul for the appellants, Ms. Neerja G. Chaubey for respondent
Smt. Sangeetha Bachad wd/o Manoranjan Bachad, Ku. Roshni Bachad d/o Manoranjan Bachad, Master Dhananjay Bachad s/o Manoranjan Bachad
Union of India, Through The General Manager, South Central Railway, Secunderabad
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Nature of Litigation
Appeal against rejection of compensation claim under Section 23 of the Railway Claims Tribunal Act, 1987 for death due to accidental fall from train.
Remedy Sought
Appellants (wife and children of deceased) sought compensation of Rs.8,00,000/- for death of deceased Manoranjan Bachad.
Filing Reason
Deceased died after falling from a running train while alighting at Sirpur Railway Station on 05.04.2017.
Previous Decisions
Railway Claims Tribunal, Nagpur rejected the claim on 26.11.2019 on ground of negligence of deceased.
Issues
Whether the death of the deceased due to fall from train constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989?
Whether the railway administration proved any exception under the proviso to Section 124A to escape liability?
Submissions/Arguments
Appellants argued that deceased was a bona fide passenger who accidentally fell while alighting, and the railway failed to prove any exception.
Respondent argued that deceased was negligent in missing his stop and purchasing another ticket, and the fall was due to his own negligence.
Ratio Decidendi
The death of a passenger due to accidental fall from a train is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the railway administration is strictly liable to pay compensation unless it proves one of the exceptions under the proviso. The burden of proving an exception lies on the railway, and mere suspicion or lack of evidence of ticket purchase does not discharge this burden.
Judgment Excerpts
This appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 challenging the Judgment and Award dated 26.11.2019 passed by the Railway Claims Tribunal, Nagpur rejecting the compensation in favour of the appellants.
The facts giving rise to the present proceedings are that: The appellant No.1 is the wife and the appellant Nos.2 and 3 are the children of deceased Manoranjan Bachad.
The said Manoranjan Bachad lost his life in an accidental fall from running train on 05.04.2017 near Sirpur Railway Station.
An amount of compensation to the extent of Rs.8,00,000/- was claimed towards the compensation by the claimants/appellants.
As per the contention of the claimants, the deceased went to Secunderabad from Sirpur on 05.04.2017 for his medical checkup in Yeshoda Hospital.
He had purchased the ticket for returning back to Sirpur and boarded in Bhagyanagar train.
During the journey, he slept and could not alight from the train at Sirpur Railway Station and proceeded up to Balharshah.
After acknowledging the fact that, he travelled ahead, he purchased the ticket at Balharshah to Sirpur and boarded in Bhagyanagar Express and when the train arrived at Sirpur Railway Station, while getting down from the train, he accidentally fell down from the train and sustained injury.
He was shifted to Government Hospital, Sirpur, where the Medical Officer declared him dead.
Reference is made about loss of ticket in regarding the express Balharshah to Sirpur dated 06.04.2017 by the claimants.
Procedural History
The claimants filed a claim application before the Railway Claims Tribunal, Nagpur seeking compensation of Rs.8,00,000/- for the death of Manoranjan Bachad due to accidental fall from train. The Tribunal rejected the claim on 26.11.2019. Aggrieved, the claimants filed the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 before the High Court of Bombay at Nagpur.
Acts & Sections
- Railways Act, 1989: Section 124A
- Railway Claims Tribunal Act, 1987: Section 23
