Case Note & Summary
The appeal was filed by the Union of India through the General Manager, South Central Railway, challenging the Judgment and Award dated 13/7/2010 of the Railway Claims Tribunal, Nagpur Bench. The Tribunal had awarded Rs. 4,00,000 with interest at 7% per annum to the respondents, who are the dependents of the deceased Amrut Kothiwale. The facts are that on 25/9/2008, the deceased along with his friend Ganpat Marode went to Mudkhed and Umri to purchase wheat. They purchased a ticket from Mudkhed to Umri and boarded Train No. 7040 (Nanded to Kacheguda). While traveling between Mudkhed and Umri, due to rush and sudden jerk, the deceased fell from the train, sustained multiple injuries, and died on the spot. The Tribunal, based on evidence including FIR, spot panchanama, inquest panchanama, and postmortem notes, held that the deceased was a bona fide passenger and died due to an untoward incident. The appellant argued that the deceased had jumped in front of the engine, constituting a self-inflicted injury, and thus compensation was not payable. However, the court found that the railway failed to prove the exception of self-inflicted injury. The court upheld the Tribunal's award, dismissing the appeal with no order as to costs.
Headnote
A) Railways Act - Untoward Incident - Section 124A - Bona Fide Passenger - Death due to fall from train due to rush and sudden jerk is an untoward incident - The Railway Claims Tribunal awarded compensation of Rs. 4,00,000 to dependents of deceased who fell from train while traveling as bona fide passenger - Held that the incident falls within the definition of untoward incident under Section 124A and the railway failed to prove the exception of self-inflicted injury (Paras 1-4).
Issue of Consideration
Whether the death of a passenger who fell from a train due to rush and sudden jerk constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, and whether the railway's defense of self-inflicted injury was established.
Final Decision
Appeal dismissed. The Judgment and Award dated 13/7/2010 of the Railway Claims Tribunal, Nagpur Bench, is confirmed. No order as to costs.
Law Points
- Untoward incident
- bona fide passenger
- strict liability
- self-inflicted injury exception
- burden of proof on railway
Case Details
2013 LawText (BOM) (08) 173
First Appeal No. 1267 of 2010
Mr. N. P. Lambat for Appellant, Mr. S. K. Sable for Respondents
Union of India through General Manager, South Central Railway, Secunderabad
Godawaribai wd/o Amruta Kothiwale, Dhondiba s/o Amruta Kothiwale, Kondiba s/o Amruta Kothiwale, Parwatibai wd/o Rajappa Kothiwale
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Nature of Litigation
Appeal against award of compensation by Railway Claims Tribunal for death of passenger in untoward incident.
Remedy Sought
Appellant sought to set aside the award of compensation; respondents sought to uphold the award.
Filing Reason
Appellant challenged the Tribunal's finding that the death was due to an untoward incident and not self-inflicted injury.
Previous Decisions
Railway Claims Tribunal awarded Rs. 4,00,000 with interest at 7% per annum to the claimants.
Issues
Whether the death of the deceased was due to an untoward incident under Section 124A of the Railways Act, 1989?
Whether the railway established the exception of self-inflicted injury?
Submissions/Arguments
Appellant argued that the deceased jumped in front of the engine, causing self-inflicted injury, thus no compensation payable.
Respondents argued that the deceased fell due to rush and sudden jerk while traveling as a bona fide passenger.
Ratio Decidendi
The death of a passenger due to fall from a train caused by rush and sudden jerk while traveling as a bona fide passenger constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989. The burden to prove the exception of self-inflicted injury lies on the railway, and in this case, the railway failed to discharge that burden.
Judgment Excerpts
The Tribunal upon the evidence led by the parties and after perusal of material on record including documents prepared and furnished by police in the form of FIR, Spot Panchanama, Inquest Panchanama, Postmortem Notes Report of the accident etc. held that claimants were dependents of deceased Amrut Rajappa Kothiwale, who died as a result of an untoward incident while traveling as bona fide passenger on 25/9/2008 by a Train No. 7040 Nanded to Kacheguda Train.
Procedural History
The Railway Claims Tribunal, Nagpur Bench, delivered Judgment and Award on 13/7/2010 awarding compensation. The Union of India appealed to the Bombay High Court, Nagpur Bench, which dismissed the appeal on 1/8/2013.
Acts & Sections
