Case Note & Summary
The Union of India, General Manager, Central Railways, filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the award dated 17.11.2009 passed by the Railway Claims Tribunal, Nagpur Bench, which directed the appellant to pay compensation of Rs.4,00,000/- in equal shares to the respondents (original applicants), the widow and children of the deceased Pintho Tudu. The facts are that on 29.3.2004, while travelling by Train No.2151 Pune-Howrah Express, Pintho Tudu met with an accident by falling from the running train. His dead body was found between Parsodi-Nagpur Railway Line near Pole No.821/28. The respondents filed a claim petition alleging that the deceased was holding a valid ticket. The appellant resisted the petition, disputing that the death was due to an untoward incident and alleging that the deceased was not holding a valid ticket. The Tribunal framed five issues and, after examining witnesses, held that the deceased died in an untoward incident while travelling and disbelieved the appellant's evidence that the deceased was not holding a valid ticket. The appellant's counsel argued that the four tickets produced did not belong to the deceased and that Train No.2151 did not pass through the track where the body was found. The respondents' counsel contended that there was overwhelming evidence of an untoward incident and that the appellant was liable under strict liability. The court considered two points: whether the deceased died in an untoward incident and whether the appellant was liable to pay compensation. The court found that the evidence, including the inquest panchnama and the testimony of witnesses, established that the deceased died due to falling from the train. The court also noted that the appellant's witness admitted that the train passed through the area where the body was found. Regarding the ticket, the court held that the appellant failed to prove that the deceased was not a bona fide passenger, and the presumption under Section 66 of the Railways Act, 1989 was not rebutted. The court concluded that the Tribunal's findings were based on proper appreciation of evidence and dismissed the appeal with no order as to costs.
Headnote
A) Railway Law - Untoward Incident - Compensation - Section 23 of the Railway Claims Tribunal Act, 1987 - The appeal challenged the award of compensation of Rs.4,00,000/- for death of a passenger who fell from a running train. The court held that the evidence established the death was due to an untoward incident and the appellant failed to prove the deceased was not a bona fide passenger. The appeal was dismissed. (Paras 1-8)
Issue of Consideration
Whether the deceased died in an untoward incident and whether the appellant is liable to pay compensation under the Railway Claims Tribunal Act, 1987.
Final Decision
Appeal dismissed. The award of the Railway Claims Tribunal dated 17.11.2009 is confirmed. No order as to costs.
Law Points
- Strict liability
- Untoward incident
- Burden of proof
- Valid ticket presumption
- Railway Claims Tribunal Act
- 1987 Section 23
