Case Note & Summary
The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dated 23 January 2019, dismissing the claim application filed by the appellants (father, mother, and minor daughter of the deceased) seeking compensation of Rs.8,00,000/- for the death of Roshanlal Tembhare in an untoward incident on 22 November 2017. The deceased was a bona fide passenger traveling from Raipur to Gondia on Train No.12810 Howrah-Mumbai Mail. At Amgaon Railway Station, due to a sudden jerk and push of passengers, he fell from the running train and died. The Tribunal dismissed the claim on the ground that the deceased was negligent, applying the principle of res ipsa loquitur against the claimants. The High Court held that the Tribunal erred in law by reversing the burden of proof. Under Section 124A of the Railways Act, 1989, once an untoward incident is established, the railway is strictly liable unless it proves one of the exceptions, such as negligence of the passenger. The principle of res ipsa loquitur applies against the railway, not the claimant. The Tribunal's finding that the deceased was negligent was based on conjecture and not on evidence. The 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, payable to the appellants.
Headnote
A) Railway Law - Untoward Incident - Res Ipsa Loquitur - Section 124A Railways Act, 1989 - The Tribunal erroneously applied the principle of res ipsa loquitur against the claimants to infer negligence of the deceased, whereas the principle is meant to be applied against the railway administration. The burden is on the railway to prove that the death was not due to an untoward incident or was due to negligence of the passenger. Held that the Tribunal's approach was perverse and the claimants are entitled to compensation. (Paras 6-10) B) Railway Law - Compensation - Entitlement of Dependents - Section 124A Railways Act, 1989 - The deceased was a bona fide passenger who fell from a running train due to sudden jerk and push of passengers. The railway failed to prove any exception under Section 124A. Held that the appellants, being the father, mother, and minor daughter of the deceased, are entitled to compensation of Rs.8,00,000/- with interest at 6% per annum from the date of the claim application. (Paras 11-12)
Issue of Consideration
Whether the Railway Claims Tribunal erred in dismissing the claim application by applying the principle of res ipsa loquitur against the claimants and holding that the deceased was negligent, thereby denying compensation under Section 124A of the Railways Act, 1989.
Final Decision
Appeal allowed. Impugned judgment and order dated 23.01.2019 of Railway Claims Tribunal, Nagpur is set aside. Claim application is allowed. Respondent No.1 is directed to pay compensation of Rs.8,00,000/- with interest at 6% per annum from the date of claim application till realization to the appellants. Appellants No.1 and 2 to receive 40% each and appellant No.3 to receive 20% with interest accrued. Amount to be deposited within eight weeks.
Law Points
- Res ipsa loquitur
- burden of proof
- untoward incident
- strict liability
- contributory negligence
- Railway Claims Tribunal Act
- 1987
- Railways Act
- 1989
