Case Note & Summary
The case involves an appeal by the Union of India (Railway Administration) against the judgment and award of the Railway Claims Tribunal, Nagpur Bench, dated 28.9.2011, in Claim Application No.200/OAII/RCT/NGP/2008. The Tribunal had awarded compensation of Rs.4,00,000 with interest at 6% per annum to the respondents, who are the widow, daughter, and minor son of the deceased Manohar Darunde. The deceased was travelling by Nagpur Bhusawal Passenger train from Sindi Railway Station to Wardha on 27.3.2008. Due to heavy overcrowding, he was standing at the doorway of the compartment. A sudden jerk and push by co-passengers caused him to fall from the running train between Warud and Seloo road stations at Km. No.764/1113, resulting in his death. The Railway Administration disputed the claim, arguing that the deceased was negligent in standing at the doorway and that his death was a self-inflicted injury, thus denying liability. The Tribunal found that the claimants were dependents of the deceased and that the death occurred due to an untoward incident while travelling. The High Court, in appeal, upheld the Tribunal's decision, holding that the incident squarely falls within the definition of 'untoward incident' under Section 123(c) of the Railways Act, 1989, and that the Railway Administration is liable under Section 124A. The court noted that the burden of proving any exception, such as self-inflicted injury, lies on the Railways, which they failed to discharge. The appeal was dismissed with no order as to costs.
Headnote
A) Railways Act - Untoward Incident - Section 123(c) and Section 124A - Compensation - The death of a passenger who fell from a running train due to sudden jerk and push by co-passengers in an overcrowded compartment is an 'untoward incident' under Section 123(c) of the Railways Act, 1989. The Railway Administration is strictly liable to pay compensation under Section 124A, and the burden of proving any exception (such as self-inflicted injury) lies on the Railways. The Tribunal correctly awarded compensation of Rs.4,00,000 with interest at 6% per annum. (Paras 1-4)
Issue of Consideration
Whether the death of a passenger who fell from a running train due to sudden jerk and push by co-passengers in an overcrowded compartment constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and whether the Railway Administration is liable to pay compensation to the dependents.
Final Decision
The High Court dismissed the appeal and upheld the judgment and award of the Railway Claims Tribunal, Nagpur Bench, dated 28.9.2011, awarding compensation of Rs.4,00,000 with interest at 6% per annum to the respondents. No order as to costs.
Law Points
- Untoward incident
- Strict liability
- Burden of proof
- Negligence of deceased
- Self-inflicted injury exception
- Overcrowded train
- Fall from train
Case Details
2013 LawText (BOM) (12) 147
First Appeal No.297 of 2013
Mr. N.P. Lambat for the Appellant, Mr. S.K. Sable for the Respondents
The Union of India, General Manager, Central Railway, Mumbai CST
Mangalabai w/o. Manohar Darunde, Ku. Puja Manohar Darunde, Sajan Manohar Darunde (through natural guardian mother respondent no.1)
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Nature of Litigation
Appeal against award of compensation by Railway Claims Tribunal for death of a passenger in an untoward incident.
Remedy Sought
The appellant (Union of India) sought to set aside the Tribunal's award of compensation to the respondents.
Filing Reason
The Railway Administration disputed the untoward incident and claimed the deceased was negligent and died due to self-inflicted injury.
Previous Decisions
The Railway Claims Tribunal, Nagpur Bench, awarded compensation of Rs.4,00,000 with interest at 6% per annum to the respondents on 28.9.2011.
Issues
Whether the death of a passenger who fell from a running train due to sudden jerk and push by co-passengers in an overcrowded compartment constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989.
Whether the Railway Administration is liable to pay compensation under Section 124A of the Railways Act, 1989, for such an incident.
Submissions/Arguments
Appellant (Railways): The deceased was negligent in standing at the doorway and died as a result of self-inflicted injury; hence, the Railways are not liable.
Respondents (Claimants): The deceased was a bona fide passenger who fell due to sudden jerk and push by co-passengers in an overcrowded train, which is an untoward incident; the Railways are liable to pay compensation.
Ratio Decidendi
The death of a passenger who falls from a running train due to sudden jerk and push by co-passengers in an overcrowded compartment is an 'untoward incident' under Section 123(c) of the Railways Act, 1989. The Railway Administration is strictly liable under Section 124A to pay compensation, and the burden of proving any exception (such as self-inflicted injury) lies on the Railways. Mere standing at the doorway does not constitute negligence or self-inflicted injury.
Judgment Excerpts
That the Claim Application was filed by the widow, daughter and minor son of deceased Manohar Darunde.
Due to sudden jerk as well as push by the co-passengers, Manohar fell down from the running train...
The learned Member of the Tribunal found that all the claimants were dependents of deceased Manohar Darunde and the deceased died as a result of an untoward incident while he was travelling by Nagpur Bhusawal passenger train on 27.3.2008.
Procedural History
The respondents filed Claim Application No.200/OAII/RCT/NGP/2008 before the Railway Claims Tribunal, Nagpur Bench, which awarded compensation on 28.9.2011. The appellant (Union of India) appealed against that award in the High Court of Bombay at Nagpur Bench, which dismissed the appeal on 4.12.2013.
Acts & Sections
- Railways Act, 1989: 123(c), 124A
