Case Note & Summary
The appellants, being the father, mother, and brother of the deceased Ganesh Vasanta Kajale, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for his death in an alleged untoward incident on 8th February 2014. The deceased had left his home to visit the Sant Gajanan Maharaj temple at Shegaon. During his return journey, he accidentally fell from the train between Shegaon and Jalamb stations and died on the spot. The family members searched for him and later learned of his death. The Railway Claims Tribunal dismissed the claim on the ground that the deceased was not a bona fide passenger, as the ticket produced was not proved to have been issued to him. The appellants appealed under Section 23 of the Railway Claims Tribunal Act, 1987. The High Court examined the evidence, including the ticket and oral testimony, and found that the tribunal's finding was perverse. The court held that the deceased was a bona fide passenger and that his fall from the train constituted an untoward incident under Section 124A of the Railways Act, 1989. The court allowed the appeal, set aside the tribunal's order, and directed the respondent to pay compensation of Rs. 8,00,000 with interest at 6% per annum from the date of the claim application till realization.
Headnote
A) Railway Law - Untoward Incident - Section 124A Railways Act, 1989 - Presumption of Accident - The court considered whether the death of a person who fell from a train due to a sudden jerk or push amounts to an untoward incident. Held that once the deceased is proved to be a bona fide passenger, the burden shifts to the railway to prove any exception; the tribunal's finding that the deceased was not a passenger was perverse and based on conjectures (Paras 10-15). B) Evidence - Bona Fide Passenger - Burden of Proof - The appellants produced a railway ticket and oral evidence to show the deceased purchased a ticket. The railway failed to rebut the presumption. Held that the tribunal erred in doubting the genuineness of the ticket without any evidence (Paras 12-14). C) Railway Law - Compensation - Quantum - Section 124A Railways Act, 1989 - The court set aside the tribunal's order and directed payment of compensation of Rs. 8,00,000 with interest at 6% per annum from the date of the claim application till realization (Para 16).
Issue of Consideration
Whether the death of Ganesh Vasanta Kajale due to falling from a train constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, and whether the Railway Claims Tribunal erred in dismissing the claim on the ground that the deceased was not a bona fide passenger.
Final Decision
The appeal is allowed. The judgment of the Railway Claims Tribunal dated 22nd November 2016 is set aside. The respondent is directed to pay compensation of Rs. 8,00,000 with interest at 6% per annum from the date of the claim application till realization within eight weeks.
Law Points
- Untoward incident
- burden of proof
- presumption under Section 124A
- strict liability
- contributory negligence not applicable
- standard of proof preponderance of probabilities
