Case Note & Summary
The appellants, Ganesh Waman Waghmare and Kusum Ganesh Waghmare, are the parents of the deceased Shubham Ganesh Waghmare. They filed a claim for compensation before the Railway Claims Tribunal, Nagpur, under Section 124A of the Railways Act, 1989, alleging that their son died in an untoward incident on 24.07.2016 when he was run over by a train while crossing the railway track near Wagholi yard. The Tribunal rejected the claim by judgment and order dated 13.07.2018, holding that the deceased was negligent in crossing the track and that the incident was not an 'untoward incident' as defined under the Act. The appellants appealed under Section 23 of the Railway Claims Tribunal Act, 1987, read with Section 96 of the Code of Civil Procedure, 1908. The High Court examined the evidence, including the inquest panchnama, postmortem report, and spot panchnama, which clearly showed that the deceased died due to being run over by a train. The court held that the death squarely falls within the definition of 'untoward incident' under Section 124A of the Railways Act, 1989, and that the railway administration is strictly liable to pay compensation irrespective of any negligence on the part of the deceased. The court 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 application till realization.
Headnote
A) Railways Act, 1989 - Untoward Incident - Section 124A - Strict Liability - The death of a person due to being run over by a train while crossing the railway track is an 'untoward incident' under Section 124A of the Railways Act, 1989. The railway administration is strictly liable to pay compensation irrespective of any negligence on the part of the deceased. The Railway Claims Tribunal erred in rejecting the claim on the ground that the deceased was negligent in crossing the track. (Paras 1-22) B) Railway Claims Tribunal Act, 1987 - Appeal - Section 23 - The appeal under Section 23 of the Railway Claims Tribunal Act, 1987, read with Section 96 of the Code of Civil Procedure, 1908, is maintainable against the order of the Railway Claims Tribunal rejecting the claim for compensation. (Para 1) C) Evidence - Burden of Proof - In a claim for compensation under Section 124A of the Railways Act, 1989, the burden is on the claimant to prove that the death was due to an untoward incident. Once that is established, the railway administration is liable unless it proves any of the exceptions under the proviso to Section 124A. The Tribunal's finding that the deceased was negligent is irrelevant as negligence is not a defence under the section. (Paras 10-22)
Issue of Consideration
Whether the death of the deceased Shubham Ganesh Waghmare due to being run over by a train while crossing the railway track constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, entitling the appellants to compensation, and whether the Railway Claims Tribunal erred in rejecting the claim on the ground of negligence of the deceased.
Final Decision
The appeal is allowed. The judgment and order dated 13.07.2018 of the Railway Claims Tribunal, Nagpur, 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 application till realization.
Law Points
- Untoward incident
- strict liability
- burden of proof
- negligence not a defence
- Section 124A Railways Act
- 1989
- Section 23 Railway Claims Tribunal Act
- 1987
