Case Note & Summary
The appellants, being the widow and children of the deceased Vithal Harishchandra Kharade, filed a claim petition under Section 124 of the Railways Act, 1989 before the Railway Claims Tribunal, Mumbai, seeking compensation for his death. The deceased was allegedly travelling from Veer to Pen railway station by Madgaon-Diva KR6 UP Train on 3rd October 2018. When the train reached near Pen Railway station, he was forcefully pushed by another passenger and accidentally fell from the train, sustaining serious injuries and dying subsequently. The appellants contended that the deceased was a bona fide passenger and that his death was caused by an untoward incident. The respondent, Union of India, denied these claims, asserting that the deceased had come under the train while crossing the track. The Tribunal dismissed the claim petition, holding that the deceased was not holding a valid train ticket and was not a bona fide passenger, and that he was knocked down while crossing the track. Aggrieved, the appellants appealed to the High Court. The High Court observed that the Tribunal had erred in its findings. The court noted that the railway had not produced the DRM report or any other evidence to rebut the appellants' claim. The court held that in the absence of contrary evidence, the deceased should be presumed to be a bona fide passenger. The court further held that the death of the deceased due to falling from a train constitutes an untoward incident under Section 124 of the Railways Act. The court allowed the appeal, set aside the Tribunal's order, and directed the respondent to pay compensation of Rs. 8,00,000/- to the appellants with interest at 6% per annum from the date of the claim petition.
Headnote
A) Railways Act - Bona Fide Passenger - Untoward Incident - Section 124, Section 2(29) Railways Act, 1989 - The appellants claimed compensation for death of deceased who fell from train; Tribunal dismissed for lack of ticket. Held that in absence of contrary evidence, deceased presumed bona fide passenger; death by falling from train is untoward incident. Appeal allowed, compensation granted. (Paras 1-10) B) Evidence - Burden of Proof - Adverse Inference - Section 124 Railways Act, 1989 - Railway failed to produce DRM report or any evidence to rebut claim. Held that non-production of DRM report leads to adverse inference against railway; claimants' evidence sufficient to prove untoward incident. (Paras 6-9)
Issue of Consideration
Whether the deceased was a bona fide passenger and whether his death was caused by an untoward incident under Section 124 of the Railways Act, 1989.
Final Decision
Appeal allowed. Impugned judgment and order of the Tribunal set aside. Respondent directed to pay compensation of Rs. 8,00,000/- to the appellants with interest at 6% per annum from the date of claim petition till realization.
Law Points
- Bona fide passenger
- Untoward incident
- Burden of proof
- Liberal interpretation
- Section 124 Railways Act
- 1989
- Section 2(29) Railways Act
