Case Note & Summary
The appellants, parents of the deceased Firdaus Kausar, filed a claim before the Railway Claims Tribunal, Nagpur, after their daughter died on 4.2.2010 when she fell from a running train (Train No.1040 Up Gondia-Kolhapur Maharashtra Express) at Ajni Railway Station. The deceased was a bona fide passenger holding a valid ticket. The Tribunal rejected the claim, holding that the death was due to the deceased's own negligence and not an 'untoward incident' under Section 124A of the Railways Act, 1989. The High Court, in appeal, heard the appellants' counsel who relied on the Supreme Court judgment in Jameela and Others v. Union of India (2010 AIR SC 3705). The Court held that the term 'untoward incident' under Section 124A includes accidental falls from trains, and the negligence of the passenger is not a bar to compensation. The Court set aside the Tribunal's order and allowed the appeal, directing the respondent Union of India to pay compensation of Rs.4,00,000/- with interest at 6% per annum from the date of the claim application till realization.
Headnote
A) Railways Act - Untoward Incident - Section 124A - Negligence of Passenger - The death of a passenger who fell from a running train, even if due to her own negligence, is an 'untoward incident' under Section 124A of the Railways Act, 1989. The Railway Claims Tribunal erred in rejecting the claim on the ground of negligence, as the provision does not exclude negligence of the passenger. (Paras 1-3) B) Railways Act - Compensation - Strict Liability - Section 124A - The liability of the railway administration under Section 124A is strict and not dependent on negligence of the passenger. The Apex Court in Jameela v. Union of India held that even if the deceased died due to her own negligence, the claim cannot be rejected. (Para 3)
Issue of Consideration
Whether the death of a passenger due to her own negligence in falling from a running train constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, entitling the legal heirs to compensation.
Final Decision
Appeal allowed. The judgment of the Railway Claims Tribunal, Nagpur in Case No.OA/(LLU)/NGP/2012/0001 dated 4.8.2015 is set aside. The respondent Union of India is directed to pay compensation of Rs.4,00,000/- with interest at 6% per annum from the date of the claim application till realization.
Law Points
- Untoward incident includes accidental falls from trains
- Negligence of passenger not a bar to claim
- Strict liability of railways
- Section 124A of Railways Act
- 1989
