Case Note & Summary
The present appeal was filed by the Union of India, represented by the General Manager, South Central Railway, Secunderabad, against an award dated 11/07/2011 passed by the Railway Claims Tribunal, Nagpur, in Claim Application No.53/OAII/RCT/NPG/2009. The Tribunal had awarded compensation of Rs. 4,00,000 with interest at 6% per annum from the date of claim till the date of order to the respondents, who are the widow and two sons of the deceased, Rambhau Sadashiv Damodhar. The deceased, aged about 45 years, was a resident of Wani Galli, Pingali, Tahsil and District Parbhani. He was travelling as a bona fide passenger of Train No.562 - Manmad-Secunderabad passenger on 23/11/2008. He allegedly fell from the train and died. His dead body was found at about 14.20 hours at Pingali Railway Station Platform No.1. A railway ticket bearing No.6545815, purchased on 23/11/2008 at about 12.30 noon, was found during the inquest panchnama. The claimants filed a claim application before the Railway Claims Tribunal seeking compensation. The Tribunal allowed the claim and awarded compensation as per the schedule. The appellant challenged the award on the ground that the deceased was not a bona fide passenger and that the incident did not amount to an untoward incident. The court, after hearing the parties, held that the finding of a railway ticket during the inquest panchnama established the deceased as a bona fide passenger. The court further held that the death due to fall from a train is an untoward incident under Section 124A of the Railways Act, 1989, and the railway administration is strictly liable to pay compensation. The court found no merit in the appeal and dismissed it, upholding the Tribunal's award.
Headnote
A) Railways Act, 1989 - Untoward Incident - Section 124A - Strict Liability - The court held that the death of a passenger due to fall from a train is an untoward incident under Section 124A of the Railways Act, 1989, and the railway administration is strictly liable to pay compensation irrespective of negligence. (Paras 1-3) B) Railways Act, 1989 - Bona Fide Passenger - Burden of Proof - The court held that the finding of a railway ticket during inquest panchnama establishes the deceased as a bona fide passenger, and the burden to prove otherwise lies on the railway administration. (Paras 2-3) C) Railways Act, 1989 - Compensation - Quantum - The court upheld the award of Rs. 4,00,000 with interest at 6% per annum from the date of claim till realization, as per the statutory schedule. (Paras 1-3)
Issue of Consideration
Whether the deceased was a bona fide passenger and whether his death due to fall from train constitutes an untoward incident entitling the claimants to compensation under the Railways Act, 1989.
Final Decision
The appeal is dismissed. The award passed by the Railway Claims Tribunal, Nagpur, in Claim Application No.53/OAII/RCT/NPG/2009 dated 11/07/2011 is upheld.
Law Points
- Untoward incident
- strict liability
- bona fide passenger
- burden of proof
- compensation under Railways Act
