Case Note & Summary
The present appeal was filed by the original claimants, the widow and children of the deceased Ramlu Renalwar, challenging the judgment and award of the Railway Claims Tribunal, Nagpur Bench, in Claim Application No. OA(IIU)/NGP/2014/0036. The Tribunal had dismissed the claim on the ground that the deceased was not a bona fide passenger. The facts of the case are that on 22nd February 2014, the deceased Ramlu Renalwar boarded a train from Kinwat to Nanded with a valid ticket. During the journey, he accidentally fell from the train near Mudkhed Railway Station and died. The claimants filed an application for compensation under Section 124A of the Railways Act, 1989. The Tribunal dismissed the claim, holding that the deceased was not a bona fide passenger as no ticket was recovered from his body. The High Court, in appeal, examined the evidence and found that the deceased had purchased a ticket, but it was lost in the accident. The court held that the death of a passenger due to falling from a train is an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the railway administration is strictly liable to pay compensation under Section 124A. The court noted that the burden of proving any exception lies on the railway, and they failed to discharge that burden. The court allowed the appeal, set aside the Tribunal's order, and awarded compensation of Rs. 8,00,000/- with interest at 6% per annum from the date of the claim application till realization.
Headnote
A) Railways Act - Untoward Incident - Section 123(c) and 124A - Death of passenger due to accidental fall from train - The court held that the death of a bona fide passenger due to falling from a moving train is an 'untoward incident' as defined under Section 123(c) of the Railways Act, 1989. The railway administration is strictly liable to pay compensation under Section 124A, and the burden of proving any exception lies on the railway. The Tribunal erred in dismissing the claim on the ground that the deceased was not a bona fide passenger. (Paras 1-10) B) Evidence Act - Burden of Proof - Section 106 - The court held that the burden of proving that the deceased was not a bona fide passenger or that the incident was due to negligence or self-inflicted injury lies on the railway administration. The claimants having established that the deceased died due to falling from a train, the presumption under Section 124A applies. (Paras 8-10) C) Railways Act - Compensation - Quantum - Section 124A - The court awarded compensation of Rs. 8,00,000/- as per the schedule under the Railways Act, 1989, along with interest at 6% per annum from the date of the claim application till realization. (Para 11)
Issue of Consideration
Whether the death of Ramlu Renalwar due to falling from a train constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, entitling the claimants to compensation under Section 124A of the said Act.
Final Decision
The appeal is allowed. The judgment and award of the Railway Claims Tribunal, Nagpur Bench, dated 30th June 2017 in Claim Application No. OA(IIU)/NGP/2014/0036 is set aside. The respondent is directed to pay compensation of Rs. 8,00,000/- to the appellants along with interest at 6% per annum from the date of the claim application till realization.
Law Points
- Untoward incident
- Strict liability
- Railway accident
- Compensation
- Burden of proof
- Beneficial legislation
