Case Note & Summary
The appellants, parents of deceased Akash Thakur, filed a claim before the Railway Claims Tribunal seeking compensation for the death of their son who fell from an overcrowded train on 29 January 2014. The deceased was travelling from Nagpur to Chandur Railway station with a valid ticket purchased by his friend. Due to overcrowding, he was standing near the door and fell due to a sudden jerk near Borkhedi Railway Station, resulting in his death. The body was cut into pieces. The Railway Claims Tribunal dismissed the claim on the ground that the deceased was not a bona fide passenger as no ticket was recovered. The appellants appealed under Section 23 of the Railway Claims Tribunal Act, 1987. The High Court held that the death was an 'untoward incident' under Section 124A of the Railways Act, 1989, and the Railway is strictly liable. The court noted that the burden is on the Railway to prove exceptions, and mere absence of ticket does not negate the claim. The appeal was allowed, setting aside the Tribunal's order and directing payment of compensation of Rs. 8,00,000 with interest.
Headnote
A) Railway Law - Untoward Incident - Section 124A Railways Act, 1989 - Strict Liability - Death of a passenger due to fall from an overcrowded train due to sudden jerk is an 'untoward incident' - The Railway Administration is strictly liable to pay compensation unless the incident falls within the exceptions under Section 124A (Paras 1-10).
B) Railway Law - Burden of Proof - Section 124A Railways Act, 1989 - The burden is on the Railway to prove that the incident is covered by the exceptions - Mere absence of ticket or negligence of deceased not sufficient to deny compensation if death occurred due to accidental fall (Paras 5-10).
Issue of Consideration
Whether the death of the deceased due to fall from an overcrowded train constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, entitling the appellants to compensation.
Final Decision
The appeal is allowed. The order of the Railway Claims Tribunal is set aside. The respondent is directed to pay compensation of Rs. 8,00,000 with interest at the rate of 6% per annum from the date of filing of the claim till realization.
Law Points
- Untoward incident
- strict liability
- burden of proof
- passenger
- accidental fall
- overcrowded train
- compensation
Case Details
2020 LawText (BOM) (04) 19
First Appeal No.123 of 2019
Ms Gayatri Diwe, Advocate h/f. Mr.P.R.Agrawal, Advocate for the Appellant; Mr.N.P.Lambat, Advocate for Respondent
Megha w/o. Vijay Thakur and Vijay s/o. Uttamrao Thakur
Union of India, Through the General Manager, Central Railway, Mumbai CSTM
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Nature of Litigation
Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the order of the Railway Claims Tribunal dismissing the claim for compensation.
Remedy Sought
The appellants (parents of deceased) sought compensation for the death of their son due to an accidental fall from a train.
Filing Reason
The Railway Claims Tribunal dismissed the claim on the ground that the deceased was not a bona fide passenger as no ticket was recovered.
Previous Decisions
The Railway Claims Tribunal dismissed the claim for compensation.
Issues
Whether the death of the deceased due to fall from an overcrowded train constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989?
Whether the appellants are entitled to compensation?
Submissions/Arguments
Appellants argued that the deceased was a bona fide passenger with a valid ticket, and his death was due to accidental fall from an overcrowded train, which is an 'untoward incident' under Section 124A.
Respondent argued that the deceased was not a bona fide passenger as no ticket was recovered, and the incident was not an 'untoward incident'.
Ratio Decidendi
The death of a passenger due to accidental fall from an overcrowded train due to sudden jerk is an 'untoward incident' under Section 124A of the Railways Act, 1989. The Railway Administration is strictly liable to pay compensation unless the incident falls within the exceptions. The burden is on the Railway to prove exceptions, and mere absence of ticket does not negate the claim.
Judgment Excerpts
This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987.
The death of the deceased due to fall from an overcrowded train is an 'untoward incident' under Section 124A of the Railways Act, 1989.
The Railway Administration is strictly liable to pay compensation.
Procedural History
The appellants filed a claim before the Railway Claims Tribunal which was dismissed. The appellants then filed the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 before the High Court.
Acts & Sections
- Railway Claims Tribunal Act, 1987: Section 23
- Railways Act, 1989: Section 124A
