Case Note & Summary
The case involves an appeal by the Union of India (Railway) against the judgment of the Railway Claims Tribunal, Nagpur, which awarded compensation of Rs. 400,000 to the respondent, Smt. Sumitradevi, for injuries sustained in a train accident. The respondent, along with her son, was travelling from Kalyan to Kanpur on 7.1.2002 in the Kushinagar Express. They had valid tickets for the general compartment but could not enter due to overcrowding, so they entered a reserved compartment. The TTE initially promised to allot berths but later, at Raver Station, allegedly pushed the respondent from the running train, causing her both legs to be crushed under the wheels, leading to amputation below the knee. A criminal case was registered against the TTE. The Railway filed a written statement denying the incident and claiming the respondent was not a bona fide passenger. The Tribunal found in favor of the respondent and granted compensation. The Railway appealed, arguing that the injury was self-inflicted or due to the respondent's own negligence in trying to alight from a moving train, and thus covered by the exception under proviso (b) to Section 124A of the Railways Act, 1989. The High Court, after hearing both sides, dismissed the appeal, holding that the act of the TTE pushing the respondent constituted an 'untoward incident' under Section 124A, and the Railway is vicariously liable for the acts of its employee. The court noted that the exceptions under the proviso were not applicable as the injury was not self-inflicted but caused by the railway employee. The judgment upheld the Tribunal's award of compensation.
Headnote
A) Railways Act - Untoward Incident - Section 124A - Vicarious Liability - Passenger pushed by TTE from running train resulting in amputation of both legs - Held that the act of TTE constitutes an untoward incident and railway is vicariously liable for compensation, as the exceptions under proviso (b) (self-inflicted injury) are not attracted when the injury is caused by railway employee's act (Paras 1-5).
Issue of Consideration
Whether the respondent's injury was an 'untoward incident' under Section 124A of the Railways Act, 1989, and whether the railway is liable for compensation despite the alleged self-inflicted injury or negligence of the passenger.
Final Decision
Appeal dismissed. The High Court upheld the Railway Claims Tribunal's order directing the appellant Railway to pay Rs. 400,000 compensation to the respondent, with Rs. 100,000 by crossed cheque and Rs. 300,000 kept in fixed deposit with quarterly interest.
Law Points
- Vicarious liability of railway for acts of employee
- Untoward incident under Section 124A Railways Act
- 1989
- Burden of proof on railway to prove exceptions
- Self-inflicted injury exception not applicable when passenger pushed by TTE
