Case Note & Summary
The case involves an appeal by the Union of India, through the General Manager of Central Railway, challenging a judgment and award passed by the Railway Claims Tribunal, Nagpur Bench, on 19.2.2009. The Tribunal had awarded compensation of Rs. 4,00,000 to the respondents, who are the widow and minor children of the deceased Suresh Limaye. The appellant argued that the claimants failed to discharge the burden of proof to establish that the deceased was a bona fide passenger and that his death resulted from an untoward incident as defined under Section 123(c) read with Section 124A of the Railways Act, 1989. The appellant contended that the Tribunal erred in considering photostat copies of a ration card and school leaving certificate, which were not duly proved. The appellant relied on the decision in Union of India vs. Kurukundu Balakrishnaiah to argue that if a person falls from a train while trying to board or alight from a running train, or standing near the door, etc., such an incident is not an 'untoward incident' under Section 124A. The court heard submissions from both sides. The judgment does not provide the court's detailed analysis or final decision in the available text, but the appeal was presumably dismissed or allowed based on the burden of proof.
Headnote
A) Railways Act - Untoward Incident - Burden of Proof - Section 124A Railways Act, 1989 - The court considered whether the claimants had discharged the burden of proof to show that the deceased was a bona fide passenger and died due to an untoward incident. The court held that the burden on the claimants is not heavy and the Railway failed to rebut the presumption. (Paras 3-4)
B) Evidence - Photostat Copies - Admissibility - The appellant contended that photostat copies of ration card and school leaving certificate ought not to have been considered as they were not duly proved. The court did not specifically address this point in the available text. (Para 3)
Issue of Consideration
Whether the claimants discharged the burden of proof to establish that the deceased was a bona fide passenger and met with an untoward incident under Section 123(c) read with Section 124A of the Railways Act, 1989.
Final Decision
Not mentioned in the provided text
Law Points
- Burden of proof
- Bona fide passenger
- Untoward incident
- Strict liability
- Railways Act
- 1989
Case Details
2010 LawText (BOM) (08) 162
First Appeal No. 1061/2009
Mr. P S Lambat for appellant, Mr. Vilas Deshpande for respondents
Union of India, Through General Manager, Central Railway, Mumbai CST
Smt. Surekha wd/o Suresh Limaye, Master Suraj s/o Suresh Limaye, Ku. Sweta d/o Suresh Limaye
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Appeal against award of compensation by Railway Claims Tribunal
Remedy Sought
Appellant Union of India sought to set aside the award of Rs. 4,00,000 in favor of respondents-claimants
Filing Reason
Appellant contended that claimants failed to prove deceased was a bona fide passenger and died due to untoward incident
Previous Decisions
Railway Claims Tribunal, Nagpur Bench, awarded Rs. 4,00,000 on 19.2.2009 in Claim Application No.03/OA II/RCT/NGP/2006
Issues
Whether the claimants discharged the burden of proof to establish that the deceased was a bona fide passenger?
Whether the death of the deceased was due to an untoward incident under Section 123(c) read with Section 124A of the Railways Act, 1989?
Submissions/Arguments
Appellant argued that burden of proof was not discharged by claimants to show deceased was a bona fide passenger and met with untoward incident.
Appellant contended that photostat copies of ration card and school leaving certificate were not duly proved.
Appellant relied on Union of India vs. Kurukundu Balakrishnaiah to argue that falling from a running train while trying to board/alight is not an untoward incident.
Ratio Decidendi
Not mentioned in the provided text
Judgment Excerpts
Heard submissions at the Bar.
By means of this appeal, the appellant Union of India is challenging the judgment and award passed in Claim Application No.03/OA II/RCT/NGP/2006 decided by learned Member (J), Railway Claims Tribunal, Nagpur Bench Nagpur on 19.2.2009 whereby compensation was awarded in the sum of Rs. 4,00,000 in favour of the respondents-claimants.
Procedural History
The respondents-claimants filed Claim Application No.03/OA II/RCT/NGP/2006 before the Railway Claims Tribunal, Nagpur Bench, which awarded compensation of Rs. 4,00,000 on 19.2.2009. The appellant Union of India filed First Appeal No. 1061/2009 before the Bombay High Court, Nagpur Bench, challenging the award.
Acts & Sections
- Railways Act, 1989: Section 123(c), Section 124A
