Case Note & Summary
The present appeal was filed by the appellants, being the widow, son, and mother of the deceased Dilip Gaikwad, aggrieved by the judgment and order dated 22/12/2020 passed by the Railway Claims Tribunal, Nagpur Bench, dismissing their claim petition. The facts of the case are that on 26/04/2019, the deceased Dilip Gaikwad came to Gangakhed Railway Station along with his son Avinash and obtained a railway ticket for travelling from Gangakhed to Purna. Avinash handed over the original ticket to his father, who kept it in his pocket and boarded the Parli Vaijnath to Akola Passenger (Train No.57540). After boarding his father, Avinash left the station and returned to a marriage function. The deceased accidentally fell down at Gangakhed Railway Station in an untoward incident at KM No.297/4-5 between the platform and the running train and came under the wheels, sustaining serious injuries. He was admitted to Government Hospital Parbhani and then to Government Hospital Nanded, where he died on 28/04/2019 during treatment. The claimants contended that the railway ticket was lost from the deceased's pocket during the accident and that he died due to an untoward incident as a bona fide passenger with a valid ticket. The respondent railway opposed the claim on the ground that no ticket was recovered from the body and that it was a case of self-inflicted injury due to the deceased's negligence. The Tribunal dismissed the claim petition on the ground that there was no journey ticket on the body, so the deceased was not a bona fide passenger and the accident did not fall within the meaning of 'untoward incident'. The legal issues considered were whether the deceased was a bona fide passenger and whether the absence of a ticket disentitles the claimants to compensation. The court analyzed the evidence, including the testimony of the son Avinash and the ticket counterfoil, and held that the burden of proof is on the railway to show that the deceased was not a bona fide passenger. The court relied on Union of India v. Rina Devi, which held that the railway is strictly liable for compensation in untoward incidents and that non-production of a ticket does not defeat the claim if other evidence establishes passenger status. The court found that the claimants had sufficiently proved that the deceased was a bona fide passenger and that the incident was an untoward incident. The court allowed the appeal, set aside the Tribunal's order, and directed the respondent to pay compensation of Rs. 8,00,000/- with interest at 6% per annum from the date of the claim petition till realization.
Headnote
A) Railways Act - Bona Fide Passenger - Burden of Proof - Section 124A, Section 123 - The court considered whether the absence of a ticket on the deceased's body negates his status as a bona fide passenger. The court held that the burden of proof is on the railway to show that the deceased was not a bona fide passenger, and that the claimants' evidence, including the son's testimony and the ticket counterfoil, was sufficient to establish that the deceased had purchased a ticket and was a bona fide passenger. (Paras 3-6) B) Railways Act - Untoward Incident - Strict Liability - Section 124A - The court examined whether the death of the deceased due to falling from a train constitutes an untoward incident. Relying on Union of India v. Rina Devi, the court held that the railway is strictly liable for compensation in case of an untoward incident, and the absence of a ticket does not automatically bar the claim if the passenger status is otherwise proved. (Paras 4-7) C) Railways Act - Compensation - Entitlement - Section 124A - The court determined the quantum of compensation. The court allowed the appeal, set aside the Tribunal's order, and directed the respondent to pay compensation of Rs. 8,00,000/- along with interest at 6% per annum from the date of the claim petition till realization. (Para 7)
Issue of Consideration
Whether the deceased was a bona fide passenger and whether the absence of a railway ticket on his body disentitles the claimants to compensation under the Railways Act, 1989 for an untoward incident.
Final Decision
The appeal is allowed. The judgment and order dated 22/12/2020 passed by the Railway Claims Tribunal, Nagpur Bench is set aside. The respondent is directed to pay compensation of Rs. 8,00,000/- to the appellants along with interest at 6% per annum from the date of the claim petition till realization.
Law Points
- burden of proof
- bona fide passenger
- untoward incident
- strict liability
- missing ticket
- Section 124A Railways Act
- 1989
- Section 123 Railways Act
