Case Note & Summary
The present appeal was filed by the appellants, being the dependents of the deceased Manik s/o Krishnurao Bomble, aggrieved by the judgment dated 14/02/2018 passed by the Member, Railway Claims Tribunal, Nagpur in Claim Application No.OA(IIu)/NGP/2015/0322, thereby dismissing the claim of the claimants. The facts of the case are that on 12/01/2015, the deceased was travelling from Partur to Manwat Road by train to meet his relatives. After meeting his relatives, he came to Railway Station Partur and purchased a railway ticket of passenger train bearing No.C40771903 of Rs.10/- to go to Manwat Road Railway Station in the evening and boarded an unknown train at Partur Railway Station. When the train was approaching Manwat Road Railway Station, the deceased came near the door of the train to alight at Manwat Road Station and fell down from running train at Km No.272/7-8 due to strong jerk and died on the spot. Therefore, the dependents of the deceased filed a claim petition for compensation for an untoward incident and demanded Rs.4,00,000/- compensation against Railway as at the time of incident, the deceased was the bonafide passenger of the train. The respondent/Railway Authority appeared and resisted the claim by filing written statement on the ground that it is not an untoward incident and the deceased was not a bonafide passenger of the train. After considering the matter, the learned Tribunal held that the deceased was moving near the scene of incident as he belongs to the same village and was run over by the alleged train while crossing the track/walking along the track, therefore, the deceased was neither a bonafide passenger nor was there any untoward incident. The court analyzed the evidence, including the ticket and the inquest panchnama, and found that the deceased had purchased a valid ticket and was a bonafide passenger. The court held that the Tribunal's finding that the deceased was not a bonafide passenger was based on conjectures and not supported by evidence. The court further held that the death of the deceased due to falling from the train due to a jerk 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 respondent to pay compensation of Rs.4,00,000/- to the appellants with interest at 6% per annum from the date of the claim application till realization.
Headnote
A) Railways Act - Bonafide Passenger - Untoward Incident - Section 124A - The court considered whether the deceased, who fell from a train and died, was a bonafide passenger and whether the incident was an untoward incident under Section 124A of the Railways Act, 1989. The court held that the deceased was a bonafide passenger as he had purchased a valid ticket, and his fall from the train due to a jerk constituted an untoward incident. The Railway Claims Tribunal's finding that the deceased was not a bonafide passenger was based on conjectures and not supported by evidence. (Paras 3-10) B) Railways Act - Compensation - Strict Liability - Section 124A - The court held that once it is established that the deceased was a bonafide passenger and died in an untoward incident, the railway is strictly liable to pay compensation under Section 124A of the Railways Act, 1989. The burden of proving any exception lies on the railway, which was not discharged. (Paras 11-13)
Issue of Consideration
Whether the deceased was a bonafide passenger and whether his death was an untoward incident under Section 124A of the Railways Act, 1989.
Final Decision
The appeal is allowed. The judgment and order dated 14/02/2018 passed by the Member, Railway Claims Tribunal, Nagpur in Claim Application No.OA(IIu)/NGP/2015/0322 is set aside. The respondent is directed to pay compensation of Rs.4,00,000/- to the appellants with interest at 6% per annum from the date of the claim application till realization.
Law Points
- Bonafide passenger
- Untoward incident
- Strict liability
- Burden of proof
- Railways Act
- 1989 Section 124A
- Compensation
