Case Note & Summary
The appellants, parents of the deceased Dilip Dhaneshwar Rajak, filed a claim before the Railway Claims Tribunal seeking compensation of Rs. 8,00,000 for his death in an untoward incident on 21/07/2018. The deceased was travelling from Bokaro to Secunderabad on train No. 07008 (Darbhanga to Secunderabad Express) with a valid ticket. When the train was near Makodi railway station, smoke and fire erupted in the bogie. Passengers pulled the alarm chain, and the train stopped. The deceased and others alighted onto the railway track at KM No. 174/33-31 up line between Sirpur and Makodi stations to save their lives. Suddenly, train No. 16317 Himsagar Express approached and struck the deceased, causing his death on the spot. The appellants claimed that the railway was negligent and liable for compensation. The respondent railway denied the claim, asserting that the incident was not an untoward incident and that the deceased was not a bona fide passenger. The Tribunal dismissed the claim, holding that the deceased was not a bona fide passenger. The appellants appealed to the High Court. The court considered the evidence, including the father's testimony and the accidental death report, which indicated that the deceased had a valid ticket. The court found that the Tribunal's finding was perverse and not based on proper appreciation of evidence. The court held that the deceased was a bona fide passenger and that the incident was an untoward incident under Section 124A of the Railways Act, 1989. The court allowed the appeal, 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 until realization.
Headnote
A) Railway Law - Bona Fide Passenger - Untoward Incident - Section 124A of the Railways Act, 1989 - The court considered whether the deceased was a bona fide passenger when he died after alighting from a train due to fire and being hit by another train. The court held that the evidence of a valid ticket and the accidental death report established the deceased as a bona fide passenger, and the Tribunal erred in dismissing the claim. (Paras 2-5) B) Railway Law - Compensation - Strict Liability - Section 124A of the Railways Act, 1989 - The court held that the railway administration is strictly liable for compensation in case of death or injury in an untoward incident, and the burden to prove that the passenger was not bona fide lies on the railway. The Tribunal's finding that the deceased was not a bona fide passenger was perverse and set aside. (Paras 4-6)
Issue of Consideration
Whether the deceased was a bona fide passenger at the time of the untoward incident and whether the Railway Claims Tribunal erred in dismissing the claim for compensation.
Final Decision
The High Court allowed the appeal, set aside the judgment of the Railway Claims Tribunal, and directed the respondent railway to pay compensation of Rs. 8,00,000 with interest at 6% per annum from the date of the claim application until realization.
Law Points
- Bona fide passenger
- untoward incident
- strict liability
- burden of proof
- Railway Claims Tribunal Act 1987 Section 124A
- Railways Act 1989 Section 124A
