Case Note & Summary
The appeal arises from a judgment of the Railway Claims Tribunal dismissing a claim for compensation under Section 124-A of the Railways Act, 1989. The appellants, widow and daughter of Sanjay Pathare, claimed that the deceased, a railway employee, died on 30/03/2011 while travelling from Thane to Rabale by a local train holding a valid free pass. They alleged that he fell from the running train and sustained fatal injuries. The respondent, Union of India, contested the claim, asserting that the deceased was not a bonafide passenger and that his death occurred while he was unauthorisedly crossing the railway tracks, not due to an untoward incident. The Tribunal, relying on the SM/TNA memo, held that the deceased was knocked down by an unknown train while crossing tracks and dismissed the claim. The High Court, however, found that the Tribunal erred in its approach. The court noted that the appellants had established that the deceased was a bonafide passenger holding a valid pass, and the initial incident of falling from the train constituted an untoward incident. The burden then shifted to the Railway to prove any exception, which they failed to do as they adduced no evidence. The court held that the death was caused in an untoward incident and allowed the appeal, setting aside the Tribunal's order and directing payment of compensation as per rules.
Headnote
A) Railway Law - Untoward Incident - Bonafide Passenger - Section 124-A Railways Act, 1989 - The court considered whether the death of a railway employee holding a valid free pass, who fell from a running train and died on the tracks, amounts to an 'untoward incident'. The Tribunal had dismissed the claim on the ground that the deceased was knocked down while crossing tracks, but the High Court held that the initial incident of falling from the train is the untoward incident, and the subsequent position on tracks does not negate it. The court allowed the appeal and set aside the Tribunal's order. (Paras 1-13) B) Railway Law - Burden of Proof - Bonafide Passenger - Section 124-A Railways Act, 1989 - The court held that once the claimants establish that the deceased was a bonafide passenger and died in a train accident, the burden shifts to the Railway Administration to prove any exception. The Railway failed to adduce evidence to rebut the presumption. (Paras 6-10) C) Railway Law - Dependents - Section 123(b)(i) Railways Act, 1989 - The Tribunal had already recorded that the appellants are dependents of the deceased within the meaning of this section. (Para 4)
Issue of Consideration
Whether the death of a bonafide railway employee passenger who fell from a running train and died on the railway tracks constitutes an 'untoward incident' under Section 124-A of the Railways Act, 1989, entitling the dependents to compensation.
Final Decision
Appeal allowed. The judgment and award of the Railway Claims Tribunal dated 28/06/2019 is set aside. The claim application is allowed. The respondent is directed to pay compensation to the appellants as per the rules within a specified period.
Law Points
- Burden of proof
- Untoward incident
- Bonafide passenger
- Strict liability
- Railway Claims Tribunal Act
- 1987 Section 23
- Railways Act
- 1989 Section 124-A
- 1989 Section 123(b)(i)
