Case Note & Summary
The appellant, Smt. Munnibai, mother of the deceased Vikki Munnalal Chaube, filed a claim for compensation under Section 23 of the Railway Claims Tribunal Act, 1987, alleging that her son died in an untoward incident on 12/12/2012 while travelling from Nagpur to Tumsar Road by Train No. 12101 LTT-Howrah-Janeshwari Express. The deceased fell from the running train at Mundikota Railway Station and was declared dead at KTS Hospital. The respondent, Union of India, contested the claim, arguing that no untoward incident occurred and that the deceased was not a bona fide passenger. The Railway Claims Tribunal framed issues and found that the appellant was a dependent and that the death occurred in an untoward incident. However, the Tribunal dismissed the claim on the ground that the ticket (No. R94100073) was not a valid journey ticket for the train the deceased was travelling on. The appellant challenged this decision in the High Court. The High Court considered the submissions and held that the deceased was a bona fide passenger as he had a valid ticket for the journey from Nagpur to Tumsar Road. The Court noted that the Tribunal had itself recorded that the deceased had a journey ticket, and the fact that the ticket was for a different train does not automatically make him a non-bona fide passenger. The Court emphasized that the liability under Section 124A of the Railways Act is strict, and once an untoward incident is established, compensation is payable unless exceptions apply. 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.
Headnote
A) Railways Act - Untoward Incident - Bona Fide Passenger - Section 124A read with Section 123(c) of the Railways Act, 1989 - The Tribunal dismissed the claim on the ground that the ticket was not valid for the train the deceased was travelling on. The High Court held that the deceased was a bona fide passenger as he had a valid journey ticket, and the fact that he boarded a different train does not negate his status as a bona fide passenger. The death due to falling from a running train constitutes an 'untoward incident'. (Paras 4-6) B) Railways Act - Compensation - Strict Liability - Section 124A of the Railways Act, 1989 - The liability of the Railways under Section 124A is strict and does not depend on negligence. Once an untoward incident is established, the claimant is entitled to compensation unless the case falls within the exceptions under Section 124A (proviso). (Para 6)
Issue of Consideration
Whether the deceased was a bona fide passenger despite holding a ticket for a different train, and whether the death occurred in an 'untoward incident' under the Railways Act, 1989.
Final Decision
The appeal is allowed. The judgment and award dated 17/01/2017 passed by the Railway Claims Tribunal 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.
Law Points
- Bona fide passenger
- Untoward incident
- Strict liability
- Ticket validity
- Railways Act
- 1989
- Section 124A
- Section 123(c)
- Railway Claims Tribunal Act
- 1987
- Section 23
