Case Note & Summary
The appeal was filed by the Union of India, South Central Railway, against the judgment and award dated 24th April 2008 passed by the Railway Claims Tribunal, granting compensation of Rs.4,00,000/- with interest at 6% per annum to the claimants/respondents. The claimants, parents of deceased Rajesh, filed a claim petition under Section 16 of the Railway Claims Tribunal Act, 1987, seeking compensation for the death of their son in an untoward incident. The deceased was travelling from Thane to Parbhani by Mumbai-Nanded 'Nandiram Express' train No.7605. While returning from the toilet, due to a sudden jerk to the running train, he accidentally fell down near Parbhani Railway Station and sustained serious injuries, leading to his death during treatment. The railway in its written statement resisted the claim on the grounds that the injuries were self-inflicted, the deceased was not a bona fide passenger, and the incident did not fall within the ambit of Section 123(c)(2) read with Section 124-A of the Act. The Tribunal granted compensation, which was challenged in the present appeal. The court heard both sides and dismissed the appeal, upholding the Tribunal's decision. The court held that the deceased was a bona fide passenger as he had a valid ticket, and the fall due to a sudden jerk constitutes an untoward incident. The railway's defense of self-inflicted injury was not proved. The court found no merit in the appeal and dismissed it.
Headnote
A) Railway Law - Untoward Incident - Bona Fide Passenger - Sections 123(c)(2) and 124-A, Railway Claims Tribunal Act, 1987 - The court considered whether the deceased, who fell from a train due to a sudden jerk, was a bona fide passenger and whether the incident fell within the definition of 'untoward incident' under the Act. The court held that the deceased was a bona fide passenger as he had a valid ticket, and the fall due to a sudden jerk constitutes an untoward incident. The railway's defense of self-inflicted injury was not proved. (Paras 2-7)
Issue of Consideration
Whether the deceased was a bona fide passenger and whether the death was due to an untoward incident under Section 123(c)(2) read with Section 124-A of the Railway Claims Tribunal Act, 1987.
Final Decision
The appeal is dismissed. The judgment and award of the Railway Claims Tribunal dated 24th April 2008 is upheld.
Law Points
- Bona fide passenger
- untoward incident
- strict liability
- burden of proof
- self-inflicted injury exception
- Railway Claims Tribunal Act
- 1987
- Sections 123(c)(2) and 124-A
Case Details
2020 LawText (BOM) (02) 153
First Appeal No. 878 of 2009
Shri N.P. Lambat for the appellants, Shri Harsulkar for the respondents
Union of India, South Central Railway, Through its General Manager, Secunderabad
Prabhakar S/o Venkatrao Tadkalaskar (since died) Through Legal Heir Shantabai W/o Prabhakarrao Tadkalaskar
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Nature of Litigation
Appeal against judgment and award of Railway Claims Tribunal granting compensation for death in untoward incident.
Remedy Sought
The appellant (Railway) sought to set aside the award of compensation.
Filing Reason
The Railway disputed the claim on grounds that the deceased was not a bona fide passenger and the incident was not an untoward incident.
Previous Decisions
The Railway Claims Tribunal granted compensation of Rs.4,00,000/- with interest at 6% p.a. to the claimants.
Issues
Whether the deceased was a bona fide passenger?
Whether the death was due to an untoward incident under Section 123(c)(2) read with Section 124-A of the Railway Claims Tribunal Act, 1987?
Submissions/Arguments
Appellant argued that the injuries were self-inflicted, the deceased was not a bona fide passenger, and the incident does not fall within the ambit of Section 123(c)(2) read with Section 124-A.
Respondent argued that the deceased was a bona fide passenger with a valid ticket and fell due to a sudden jerk, constituting an untoward incident.
Ratio Decidendi
A person holding a valid ticket is a bona fide passenger. A fall from a train due to a sudden jerk is an untoward incident under Section 123(c)(2) read with Section 124-A of the Railway Claims Tribunal Act, 1987. The railway's defense of self-inflicted injury must be proved; mere allegation is insufficient.
Judgment Excerpts
The facts leading to the present appeal are that, the respondent/claimants filed a claim petition under Section 16 of the Railway Claims Tribunal Act 1987... seeking compensation on account of death of their son Rajesh in an untoward incident.
It is the case of the claimants/respondents that deceased Rajesh was travelling from Thane to Parbhani by Mumbai - Nanded 'Nandiram Express', train - No.7605 and while returning from the toilet due to sudden jerk to the running train, accidentally he fell down from the running train near Parbhani Railway Station and was seriously injured in the said accident.
Procedural History
The claimants filed a claim petition under Section 16 of the Railway Claims Tribunal Act, 1987 before the Railway Claims Tribunal. The Tribunal granted compensation of Rs.4,00,000/- with interest at 6% p.a. on 24th April 2008. The Railway appealed against this judgment and award in the High Court of Bombay, Nagpur Bench, which dismissed the appeal on 17th February 2020.
Acts & Sections
- Railway Claims Tribunal Act, 1987: Section 16, Section 123(c)(2), Section 124-A
