Case Note & Summary
The appellants, being the widow and sons of the deceased Vikram Darkonde, filed a claim application before the Railway Claims Tribunal seeking compensation for his death in an untoward incident on 01.07.2013. The deceased was travelling from Selu to Purna on train No. 17057 (Devgiri Express) with a valid ticket. He fell down at Purna Railway Station, suffered injuries, and died. A railway employee reported the incident, and a valid ticket was found on the body. The Tribunal rejected the claim, holding that the deceased was guilty of rashness and criminal negligence as he alighted from a running train, thus the incident fell within the proviso to Section 124A of the Indian Railways Act, 1989. The appellants appealed to the High Court. The High Court found that the Tribunal's finding was not based on any material evidence; there was no witness or document to show that the train was moving when the deceased fell. The Court held that the incident was an 'untoward incident' under Section 124A, and the railway failed to discharge its burden to prove the exception. The appeal was allowed, setting aside the Tribunal's order, and the appellants were awarded compensation of Rs.4,00,000/- with interest at 6% per annum from the date of the claim application.
Headnote
A) Railways - Untoward Incident - Section 124A Indian Railways Act, 1989 - Strict Liability - The death of a passenger falling from a train at a railway station is an 'untoward incident' under Section 124A, and the railway administration is strictly liable to pay compensation unless the incident falls within the exceptions in the proviso. The burden of proving that the deceased was guilty of rashness or criminal negligence lies on the railway. (Paras 1-8) B) Railways - Rashness and Criminal Negligence - Section 124A proviso Indian Railways Act, 1989 - Burden of Proof - The finding of rashness and criminal negligence must be based on material evidence. Mere conjecture that the deceased alighted from a running train is insufficient to deny compensation. The railway must adduce clear evidence to bring the case within the proviso. (Paras 4-8) C) Railways - Compensation - Section 124A Indian Railways Act, 1989 - Quantum - The appellants are entitled to compensation of Rs.4,00,000/- as per the schedule in force at the time of the incident, along with interest at 6% per annum from the date of the claim application till realization. (Para 8)
Issue of Consideration
Whether the death of a passenger who fell from a train at a railway station constitutes an 'untoward incident' under Section 124A of the Indian Railways Act, 1989, and whether the Tribunal's finding of rashness and criminal negligence on the part of the deceased was sustainable.
Final Decision
The appeal is allowed. The impugned judgment and order dated 10.05.2017 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, is set aside. The claim application is allowed. The respondent is directed to pay compensation of Rs.4,00,000/- 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
- rashness and criminal negligence
- burden of proof
- Section 124A Indian Railways Act 1989
- Section 123 Indian Railways Act 1989
