Case Note & Summary
The Union of India, through the General Manager of South Central Railway, appealed against the judgment and award dated 21st September 2010 passed by the Railway Claims Tribunal, Nagpur Bench, in Claim Application No.1/OAII/RCT/NGP/2009. The Tribunal had allowed the claim of Shaikh Chand Pasha s/o Shaikh Shabbir (respondent) and granted compensation of Rs.3,20,000 with interest at 6% per annum from the date of application till realization. The respondent claimed that on 19th August 2008, he was travelling from Nanded to Navi Peth by Nanded-Kachiguda passenger train No.594 along with his friend Sk. Shadul, holding a valid ticket bearing no.62615964. Due to a sudden jerk and heavy rush in the compartment, he fell from the train near Mudkhed Railway Station, resulting in amputation of his right hand and loss of two fingers of his left hand. The Railway Administration opposed the claim, contending that the incident was not an 'untoward incident' under Section 123(c) of the Indian Railways Act, 1989, and that it was a self-inflicted injury. The High Court considered the submissions and evidence on record, including the claimant's affidavit and the railway ticket. The court noted that the claimant had suffered grievous injuries and that the proceedings indicated reliance on his evidence and the ticket. The court held that the incident clearly falls within the definition of 'untoward incident' under Section 123(c) of the Railways Act, 1989, and that the railway failed to prove that the injury was self-inflicted. Consequently, the appeal was dismissed, and the award of the Tribunal was confirmed.
Headnote
A) Railways Act - Untoward Incident - Section 123(c) - Fall from train due to sudden jerk and heavy rush - The claimant fell from a train while holding a valid ticket, resulting in amputation of right hand and loss of two fingers of left hand. The Railway Claims Tribunal allowed compensation of Rs.3,20,000 with interest. The High Court upheld the award, holding that the incident falls within the definition of 'untoward incident' and the railway failed to prove self-inflicted injury. (Paras 1-4)
Issue of Consideration
Whether the claimant's fall from a train due to sudden jerk and heavy rush constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and whether the claimant is entitled to compensation despite the railway's contention of self-inflicted injury.
Final Decision
The High Court dismissed the appeal and confirmed the award of the Railway Claims Tribunal granting compensation of Rs.3,20,000 with interest at 6% per annum from the date of application till realization.
Law Points
- Untoward incident
- strict liability
- burden of proof
- self-inflicted injury exception
- compensation for grievous injury
Case Details
2013 LawText (BOM) (12) 118
First Appeal No.935 of 2013
Mr. N.P. Lambat for the Appellant, Mr. Anil B. Bambal for the Respondent
The Union of India, Through the General Manager, South Central Railway, Secunderabad
Shaikh Chand Pasha s/o Shaikh Shabbir
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Nature of Litigation
Appeal against award of compensation by Railway Claims Tribunal for injuries sustained in a train fall.
Remedy Sought
The appellant (Union of India) sought to set aside the Tribunal's award granting compensation to the respondent.
Filing Reason
The appellant contended that the incident was not an 'untoward incident' and that the injury was self-inflicted.
Previous Decisions
The Railway Claims Tribunal, Nagpur Bench, allowed the claim application and granted compensation of Rs.3,20,000 with interest at 6% p.a.
Issues
Whether the claimant's fall from the train due to sudden jerk and heavy rush constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989?
Whether the railway's contention of self-inflicted injury is sustainable?
Submissions/Arguments
Appellant (Union of India): The incident cannot be termed as an 'untoward incident' under Section 123(c) of the Indian Railways Act, 1989; it was a self-inflicted injury, hence no compensation is payable.
Respondent (Claimant): He fell from the train due to sudden jerk and heavy rush, sustaining grievous injuries; he held a valid ticket and is entitled to compensation.
Ratio Decidendi
A fall from a train due to sudden jerk and heavy rush constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989. The burden to prove self-inflicted injury lies on the railway, and in the absence of such proof, the claimant is entitled to compensation.
Judgment Excerpts
This appeal is preferred against the Judgment and Award dated 21st September, 2010 delivered by Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.1/OAII/RCT/NGP/2009 whereby the Member (Judicial) of the Tribunal was pleased to allow the Claim Application and granted compensation in the sum of Rs.3,20,000/ with interest payable thereof @ 6 % p.a. from the date of application till the date of realisation.
The claim applicant had purchased ticket bearing no.62615964 from Nanded to Navi Peth. It is the case of the applicant that he fell down from the train when the train was near Mudkhed Railway Station due to sudden jerk and heavy rush in the train compartment. In the result, there was amputation of his right hand and two fingers of his left hand.
Procedural History
The respondent filed Claim Application No.1/OAII/RCT/NGP/2009 before the Railway Claims Tribunal, Nagpur Bench, which was allowed on 21st September 2010. The appellant (Union of India) preferred First Appeal No.935 of 2013 before the High Court of Bombay at Nagpur, which was dismissed on 4th December 2013.
Acts & Sections
- Indian Railways Act, 1989: 123(c)
