Case Note & Summary
The appellants, being the dependents of the deceased Shailesh Gavai, filed a claim application before the Railway Claims Tribunal, Nagpur, seeking compensation for his death in an untoward incident. On 17/10/2017, the deceased was travelling by train no. 12627 Dn. Karnataka Express from Daund to Itarsi with his brother and other relatives. He had purchased a valid journey ticket. When the train was passing from Jalgaon, the deceased was going to the washroom and due to an unexpected jerk, he was pushed by another passenger and fell from the running train at KM 413/17 DN line pole. He was taken to the hospital but succumbed to his injuries. The Railway resisted the claim, contending that the deceased was not a bona fide passenger as no ticket was found on his body. The Tribunal dismissed the claim application on 10/05/2018, holding that the deceased was not a bona fide passenger. Aggrieved, the appellants filed the present appeal. The High Court examined the evidence, including the evidence of the brother who stated that the deceased had a ticket. The court noted that the Railway did not produce any evidence to rebut this claim. The court held that the burden of proof that the deceased was not a bona fide passenger lies on the Railway, and they failed to discharge it. The court also observed that the incident was an untoward incident under Section 124A of the Railways Act, 1989. Accordingly, the High Court allowed the appeal, 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 claim application.
Headnote
A) Railways Act - Untoward Incident - Compensation - Section 124A - The deceased fell from a running train due to a jerk and died. The Railway Claims Tribunal dismissed the claim on the ground that the deceased was not a bona fide passenger. The High Court held that the deceased had purchased a valid ticket, and the burden to prove otherwise lies on the Railway. The appeal was allowed, and compensation of Rs. 8,00,000 was awarded. (Paras 2-10) B) Evidence - Burden of Proof - Valid Ticket - The Railway failed to produce any evidence to rebut the claim that the deceased had a valid ticket. The court held that the mere absence of a ticket on the body does not prove that the deceased was not a bona fide passenger. (Paras 7-9)
Issue of Consideration
Whether the appellants are entitled to compensation for the death of the deceased in an untoward incident under Section 124A of the Railways Act, 1989, and whether the deceased had a valid journey ticket.
Final Decision
The appeal is allowed. The judgment and award dated 10/05/2018 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur 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 claim application till realization.
Law Points
- Untoward incident
- valid journey ticket
- strict liability
- burden of proof
- presumption of valid ticket
- compensation under Railways Act
