Case Note & Summary
The appeal arises from the judgment and award of the Railway Claims Tribunal, Nagpur, in case No.OA(IIu)/NGP/249/2017 dated 04.06.2019, whereby the Tribunal dismissed the claim of the claimants (appellants) for compensation under the Railways Act, 1989. The claimants are the legal representatives of the deceased Rushikesh, who died in a railway accident on 17.02.2017. On that day, the deceased along with Rajesh (appellant No.2), Gajanan, and Prafulla came to Nagpur from Hinganghat to proceed to Pachmarhi for a religious yatra. Rajesh purchased a railway ticket from Nagpur to Amla for the group, and they boarded the Gorakhpur Express. During the journey, the deceased fell from the train and died. The Tribunal dismissed the claim on the ground that the deceased was not a bona fide passenger because his name was not on the ticket. The High Court held that the ticket was purchased by Rajesh for the entire group, and the deceased was traveling with them, making him a bona fide passenger. The Court noted that the railway failed to prove that the deceased was not a bona fide passenger or that the incident was due to his own negligence. The Court set aside the Tribunal's order and awarded compensation of Rs. 8,00,000/- with interest at 6% per annum from the date of the application till realization.
Headnote
A) Railway Law - Bona Fide Passenger - Section 124A Railways Act, 1989 - The Tribunal dismissed the claim on the ground that the deceased was not a bona fide passenger as his name was not on the ticket. The High Court held that the ticket was purchased by a companion for the group, and the deceased was traveling with them, making him a bona fide passenger. The Court set aside the Tribunal's order and awarded compensation of Rs. 8,00,000/- with interest. (Paras 2-10) B) Railway Law - Strict Liability - Section 124A Railways Act, 1989 - The Court reiterated that once it is established that the deceased was a bona fide passenger and died in an untoward incident, the railway administration is strictly liable to pay compensation. (Para 9) C) Railway Law - Burden of Proof - Section 124A Railways Act, 1989 - The burden of proof is on the railway to show that the deceased was not a bona fide passenger or that the incident was due to the deceased's own negligence. The railway failed to discharge this burden. (Para 9)
Issue of Consideration
Whether the deceased was a bona fide passenger and whether the Railway Claims Tribunal erred in dismissing the claim on the ground that the deceased was not a bona fide passenger.
Final Decision
The appeal is allowed. The judgment and award of the Railway Claims Tribunal, Nagpur, dated 04.06.2019 in case No.OA(IIu)/NGP/249/2017 is set aside. The respondent is directed to pay compensation of Rs. 8,00,000/- with interest at 6% per annum from the date of the application till realization.
Law Points
- Bona fide passenger
- Railway accident
- Strict liability
- Burden of proof
- Section 124A Railways Act
- 1989
- Section 123 Railways Act
