Case Note & Summary
The appellants, being the wife, minor son, and parents of the deceased Lahu Kotlapure, filed a claim application under Section 124 of the Railways Act, 1989, before the Railway Claims Tribunal, Nagpur, seeking compensation of Rs.4,00,000/- for the death of Lahu, who died while travelling by Manmad-Kachiguda Express No.7663 on 3.9.2003. The Tribunal, vide its judgment and order dated 30.9.2004, rejected the claim application on the ground that the deceased was not a passenger. The appellants challenged this order in the present appeal before the Bombay High Court. The court observed that the Tribunal had specifically come to the conclusion that the deceased was a passenger, yet it rejected the claim. The court held that once the deceased is found to be a passenger, the death is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the railway administration is liable to pay compensation. The court set aside the Tribunal's order and allowed the appeal, directing the respondent 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 - Deemed Passenger - Section 124A, Railways Act, 1989 - The court held that a person who is found dead on railway premises with a valid ticket is deemed to be a passenger and the incident is an 'untoward incident' under Section 124A. The burden is not on the claimant to prove negligence or how the accident occurred. The Tribunal erred in rejecting the claim on the ground that the deceased was not a passenger. (Paras 5-6) B) Railways Act - Compensation - Strict Liability - Section 124A, Railways Act, 1989 - The court held that once it is established that the deceased died in an untoward incident while being a passenger, the railway administration is liable to pay compensation irrespective of any negligence. The Tribunal's finding that the deceased was not a passenger was perverse. (Paras 5-6)
Issue of Consideration
Whether the deceased was a 'passenger' within the meaning of Section 124A of the Railways Act, 1989, and whether the death was an 'untoward incident' entitling the claimants to compensation.
Final Decision
The appeal is allowed. The judgment and order dated 30.9.2004 passed by the Railway Claims Tribunal, Nagpur, is set aside. The respondent is directed to pay compensation of Rs.4,00,000/- (Rupees four lacs) with interest at 6% per annum from the date of the claim application till realization.
Law Points
- Strict liability
- Untoward incident
- Deemed passenger
- Burden of proof
- Section 124A Railways Act
- 1989
- Section 124 Railways Act
