Case Note & Summary
The appellants, widow and children of Shankar Gangaram Dhotre, filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the dismissal of their claim application by the Railway Claims Tribunal, Nagpur. The deceased had undertaken a journey from Pandharpur to Mudkhed with his family and a cousin brother-in-law, holding a valid ticket. At Kurduwadi railway station, the deceased alighted to bring water for his children. When the train started moving, he attempted to re-board and slipped, falling under the train, resulting in both his legs being cut. He was taken to hospitals and died. The appellants claimed compensation under Section 124-A of the Railways Act, 1989 for an untoward incident. The Tribunal dismissed the claim, but the High Court found that the deceased was a bonafide passenger and the incident was an untoward incident. The court allowed the appeal, setting aside the Tribunal's order and directing the respondent Railways to pay compensation to the appellants.
Headnote
A) Railway Law - Bonafide Passenger - Untoward Incident - Section 124-A Railways Act, 1989 - The court considered whether the deceased, who fell while trying to board a moving train, was a bonafide passenger and whether the incident was an untoward incident under the Act - Held that the deceased was a bonafide passenger as he had a valid ticket and the incident was an untoward incident, thus the appellants are entitled to compensation (Paras 1-3).
Issue of Consideration
Whether the deceased was a bonafide passenger and whether his death was due to an untoward incident entitling the appellants to compensation under Section 124-A of the Railways Act, 1989.
Final Decision
The appeal is allowed. The judgment and order dated 28th October 2015 of the Railway Claims Tribunal, Nagpur is set aside. The respondent Railways is directed to pay compensation to the appellants in accordance with law.
Law Points
- Bonafide passenger
- Untoward incident
- Strict liability
- Railway Claims Tribunal
- Section 124-A Railways Act
- 1989
- Section 23 Railway Claims Tribunal Act
- 1987
Case Details
2022 LawText (BOM) (11) 92
First Appeal No.481 of 2017
Ms. Sumesha Choudhari for appellants, Smt. N. G. Chaubey for respondent-sole
Malanbai Wd/o Shankar Dhotre, Sitabai d/o. Shankar Dhotre, Anil S/o. Shankar Dhotre, Sachin S/o. Shankar Dhotre
Union of India, through the General Manager, Central Railway, C.S.T. Mumbai
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Nature of Litigation
Appeal against dismissal of claim application for compensation under Section 124-A of the Railways Act, 1989 for death in an untoward incident.
Remedy Sought
Appellants seek to set aside the judgment of the Railway Claims Tribunal and claim compensation from the respondent Railways for the death of Shankar Gangaram Dhotre.
Filing Reason
The deceased died after falling from a train while trying to re-board at Kurduwadi railway station, and the appellants claim it was an untoward incident.
Previous Decisions
The Railway Claims Tribunal, Nagpur dismissed the claim application by judgment and order dated 28th October 2015.
Issues
Whether the deceased was a bonafide passenger?
Whether the death was due to an untoward incident under Section 124-A of the Railways Act, 1989?
Submissions/Arguments
Appellants argued that the deceased had a valid ticket and was a bonafide passenger, and his death was due to an untoward incident.
Respondent Railways presumably contested the claim, but the judgment does not detail their arguments.
Ratio Decidendi
The deceased was a bonafide passenger as he had a valid ticket, and his death due to falling while trying to board a moving train constitutes an untoward incident under Section 124-A of the Railways Act, 1989, entitling the dependants to compensation.
Judgment Excerpts
Being aggrieved by the dismissal of their claim application filed before the Railway Claims Tribunal, the widow and children of one Shankar Gangaram Dhotre have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment and order dated 28th October 2015, passed by the Railway Claims Tribunal, Nagpur.
The brief facts are that the deceased had undertaken a journey from Pandharpur to Mudkhed and boarded a train from Pandharpur along with his family.
It is the case of the appellants that the deceased along with Malanbai – his wife, Sitabai – daughter, Anil and Sachin – sons as well as cousin brother in law of the deceased, Shri Uttam More, undertook this journey from Pandharpur to Mudkhed having a bonafide ticket which was purchased by the brother-in-law.
Procedural History
The appellants filed a claim application before the Railway Claims Tribunal, Nagpur, which was dismissed on 28th October 2015. Aggrieved, they filed the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Railways Act, 1989: 124-A
- Railway Claims Tribunal Act, 1987: 23
