Case Note & Summary
The appeal was filed by the Union of India, General Manager, South Central Railway, against the judgment and award dated 06/03/2009 of the Railway Claims Tribunal, Nagpur Bench, which awarded Rs.4,00,000/- as compensation to the respondents, the legal heirs of the deceased Narendra Deshmukh. The deceased, on 01/10/2004, purchased a general class ticket from Nanded to Purna. Due to an announcement that the train to Purna arrived at Platform No.3, he boarded the Sachkhand Express bearing No.2715 under the impression it was the correct train. However, due to a sudden jerk from the application of brakes, he slipped from the doorway, fell from the train, and died. The claimants filed a claim application before the Railway Claims Tribunal, which allowed the claim. The appellant railway contended that the deceased boarded the wrong train, which was going to the yard after its last destination, and thus he was not a bona fide passenger. The railway argued that the deceased committed a wrong by not abiding by rules, and therefore the railway was not liable. The court considered the issue of whether the railway could avoid liability. The court held that the deceased was a bona fide passenger as he had a valid ticket and boarded the train under a genuine mistake. The incident was an 'untoward incident' under Section 124A of the Railways Act, 1989, and the railway failed to prove any of the exceptions under the section. The court dismissed the appeal, upholding the award of compensation.
Headnote
A) Railways Act - Untoward Incident - Bona Fide Passenger - Section 124A - The deceased purchased a valid ticket and boarded a train under the impression it was the correct one; a sudden jerk caused him to fall and die. Held that the deceased was a bona fide passenger and the incident was an 'untoward incident' under Section 124A, making the railway liable for compensation. (Paras 2-6) B) Railways Act - Strict Liability - Exceptions - Section 124A - The railway's defence that the deceased boarded the wrong train and thus was not a bona fide passenger was rejected. Held that the railway must prove exceptions under Section 124A, and mere boarding of a wrong train does not disentitle the claimant. (Paras 3-5) C) Railways Act - Compensation - Quantum - Section 124A - The Railway Claims Tribunal awarded Rs.4,00,000/- as compensation. Held that the amount is just and proper, and the appeal by the railway is dismissed. (Paras 6-7)
Issue of Consideration
Whether the Railway Administration can avoid liability for compensation under Section 124A of the Railways Act, 1989 when the deceased, a bona fide passenger with a valid ticket, boarded the wrong train and died due to a sudden jerk.
Final Decision
The appeal is dismissed. The judgment and award of the Railway Claims Tribunal dated 06/03/2009 in Claim Application No.93/OAII/RCT/NGP/2005 is upheld. No order as to costs.
Law Points
- Strict liability of railway administration for untoward incidents
- bona fide passenger status despite boarding wrong train
- applicability of Section 124A of the Railways Act
- 1989
- burden of proof on railway to prove exceptions
- compensation under Section 124A not reduced by contributory negligence
