Case Note & Summary
The appellants, being the widow, sons, and mother of the deceased Suresh Gharat, filed a claim application before the Railway Claims Tribunal, Mumbai, seeking compensation for his death. The deceased, a 47-year-old painter, was travelling by an unknown local train from C.S.T., Mumbai to Mulund on 29th September 2011, holding a valid second class railway ticket. Due to overcrowding, he fell from the running train between Nahur and Mulund railway stations near K.M. No.29/4-5 and died instantaneously from a serious head injury. The Tribunal dismissed the claim, holding that the deceased was not a bona fide passenger but a trespasser who died due to his own negligence while crossing the track, and thus the incident did not fall within the definition of 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989. Aggrieved, the appellants appealed to the High Court. The High Court examined the evidence, including the inquest panchnama which recorded recovery of a valid second class railway ticket from the deceased's pocket, and the affidavit of the widow (AW1). The Court noted that the Railways did not examine any witness or produce any evidence to rebut the presumption that the deceased was a bona fide passenger. The Court held that the recovery of the ticket and the circumstances of the fall from an overcrowded train clearly establish that the deceased was a bona fide passenger and that his death was an 'untoward incident' under the Act. The Court set aside the Tribunal's order and allowed the appeal, directing the Railways to pay compensation of Rs. 8,00,000/- with interest at 6% per annum from the date of the claim application until realization, to be apportioned among the appellants.
Headnote
A) Railways Act - Bona Fide Passenger - Presumption of Valid Ticket - Recovery of a valid second class railway ticket from the deceased's pocket, coupled with the inquest panchnama and evidence of the widow, raises a presumption that the deceased was a bona fide passenger. The Railways failed to rebut this presumption by not examining any witness or producing any contrary evidence. (Paras 5-7) B) Railways Act - Untoward Incident - Falling from Overcrowded Train - Death due to falling from an overcrowded train between stations constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989. The Tribunal erred in holding that the deceased was a trespasser and that his death was due to his own negligence, as the incident squarely falls within the definition. (Paras 8-9) C) Railways Act - Compensation - Entitlement of Dependants - Once an untoward incident is established and the deceased is a bona fide passenger, the dependants are entitled to compensation under Section 124A of the Railways Act, 1989. The impugned order of the Tribunal dismissing the claim is set aside, and the appeal is allowed with compensation of Rs. 8,00,000/- with interest. (Paras 10-11)
Issue of Consideration
Whether the deceased was a bona fide passenger and whether his death due to falling from an overcrowded train constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, entitling the dependants to compensation.
Final Decision
The appeal is allowed. The impugned judgment and order of the Railway Claims Tribunal, Mumbai Bench dated 28th February 2018 is set aside. The respondent is directed to pay compensation of Rs. 8,00,000/- (Rupees Eight Lakhs only) with interest at 6% per annum from the date of the claim application till realization. The compensation amount shall be apportioned equally among the four appellants.
Law Points
- Presumption of bona fide passenger
- burden of proof on Railways
- untoward incident definition
- strict liability under Railways Act
- 1989
