Case Note & Summary
The appellants, being the husband and sons of the deceased Shameem w/o Jugganbabu, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation of Rs.8,00,000/- with interest for the death of the deceased in an untoward incident. On 30/03/2017, the deceased was traveling from H. Nizamuddin to Nagpur by Train No.22694 Rajdhani Express with her husband as a bona fide passenger holding a reserved ticket bearing No.78855433, PNR No.2228476884. While standing near the wash basin to wash her hands, due to a sudden jerk, she lost her balance and fell from the running train near Tinkheda Railway Station. She was brought to Nagpur by Train No.12724 NDLS-HYB Express and declared dead at Mayo Hospital, Nagpur. The Railway Police registered an accidental death report under Section 174 Cr.P.C. The Tribunal dismissed the claim petition, holding that the deceased was not a bona fide passenger and that the incident did not amount to an untoward incident. The appellants appealed to the High Court. The court considered the definition of 'untoward incident' under Section 123(c) of the Railways Act, 1989, which includes the fall of a passenger from a train. The court noted that the appellants had produced a copy of the reserved ticket, which was not disputed by the respondent. The court held that the deceased was a bona fide passenger and that the incident of falling from the train due to a jerk squarely falls within the definition of an untoward incident. The court further held that under Section 124A, the railway administration is liable to pay compensation for death in an untoward incident, irrespective of negligence. The court set aside the Tribunal's award and allowed the appeal, directing the respondent to pay compensation of Rs.8,00,000/- with interest at 9% per annum from the date of the claim petition until realization.
Headnote
A) Railways Act, 1989 - Untoward Incident - Section 123(c) - Bona Fide Passenger - The deceased, a bona fide passenger holding a reserved ticket, fell from a running train due to a sudden jerk while washing her hands. The court held that such an incident falls within the definition of 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the dependents are entitled to compensation under Section 124A. (Paras 3-10) B) Railways Act, 1989 - Compensation - Section 124A - Strict Liability - The court held 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, regardless of negligence. The Tribunal erred in dismissing the claim on the ground that the deceased was not a bona fide passenger. (Paras 8-10) C) Evidence - Bona Fide Passenger - Ticket - The appellants produced a copy of the reserved ticket and PNR number, which were not disputed by the respondent. The court held that the deceased was a bona fide passenger, and the Tribunal's finding to the contrary was perverse. (Paras 3, 7-8)
Issue of Consideration
Whether the death of the deceased due to a fall from a train caused by a sudden jerk constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and whether the appellants are entitled to compensation.
Final Decision
The appeal is allowed. The judgment and award dated 17/03/2022 passed by the learned Member, Railway Claim Tribunal, Nagpur in Claim Petition No.OA(II u)/NGP/235/2019 is set aside. The respondent is directed to pay compensation of Rs.8,00,000/- with interest at 9% per annum from the date of filing of the claim petition until realization.
Law Points
- Untoward incident
- bona fide passenger
- strict liability
- jerk
- fall from train
- compensation
- Railways Act
- 1989
- Section 123(c)
- Section 124A
- Railway Claims Tribunal
- accidental death
- burden of proof
