Case Note & Summary
The case involves an appeal by the Union of India, represented by the General Manager of South Central Railway, against an award of the Railway Claims Tribunal, Nagpur Bench, in Claim Application No. OA(IIu)/NGP/2009/0020 dated 2.6.2010. The Tribunal had awarded compensation of Rs.4,00,000 to the respondents, who are the dependents of the deceased Sheshrao Dangat. The deceased was travelling on 1.4.2008 by Nizamabad-Pune passenger train from Umri to Nanded. He fell down from the train between Umri and Shivangaon Railway Stations due to a jerk at KM 389/500, sustained injuries, and died. The claimants filed an application under Section 123(c)(2) of the Railways Act, 1989, claiming compensation for the untoward incident. The Railway Administration resisted the claim on two grounds: first, that the alleged incident was not an untoward incident, and second, that the passenger was not holding a railway ticket. The Tribunal, after considering the evidence, including police papers and the inquest report, found that the deceased died due to an accidental fall from the train, which constitutes an untoward incident under the Act. The Tribunal also noted that the railway failed to prove that the deceased was not a bona fide passenger. The High Court, in appeal, upheld the Tribunal's findings, holding that the accidental fall due to a jerk is an untoward incident and the railway did not discharge its burden to prove any exception. The appeal was dismissed, and the award of compensation was confirmed.
Headnote
A) Railways Act - Untoward Incident - Accidental Fall - Section 123(c)(2) of the Railways Act, 1989 - The deceased passenger fell from a train due to a jerk and died. The Railway Administration resisted the claim on grounds that the incident was not an untoward incident and that the passenger was not holding a ticket. The Tribunal awarded compensation of Rs.4,00,000. The High Court upheld the award, holding that the accidental fall due to jerk is an untoward incident and the railway failed to prove any exception. (Paras 3-5)
Issue of Consideration
Whether the accidental fall of a passenger from a train due to a jerk constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, and whether the Railway Administration is liable to pay compensation.
Final Decision
The High Court dismissed the appeal and upheld the Judgment and Award passed by the Railway Claims Tribunal, Nagpur Bench, awarding compensation of Rs.4,00,000 to the respondents.
Law Points
- Untoward incident includes accidental fall from train
- burden of proof on railway to prove exception
- strict liability for railway administration
- compensation under Railways Act
Case Details
2015 LawText (BOM) (08) 127
First Appeal No.925 of 2010
Mr. N.P. Lambat for the Appellant, Mr. A.B. Bambal for the Respondent Nos. 1 to 5
Union of India, Through the General Manager, South Central Railway, Secunderabad
Smt. Nandabai w/o. Sheshrao Dangat and others (dependents of deceased Sheshrao Dangat)
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Nature of Litigation
Appeal against award of compensation by Railway Claims Tribunal for death due to untoward incident
Remedy Sought
Appellant (Union of India) sought to set aside the award of compensation of Rs.4,00,000 granted to the respondents
Filing Reason
The Railway Administration resisted the claim on grounds that the incident was not an untoward incident and the deceased was not holding a ticket
Previous Decisions
Railway Claims Tribunal, Nagpur Bench, awarded compensation of Rs.4,00,000 in Claim Application No. OA(IIu)/NGP/2009/0020 dated 2.6.2010
Issues
Whether the accidental fall of a passenger from a train due to a jerk constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989?
Whether the Railway Administration is liable to pay compensation for the death of the passenger?
Submissions/Arguments
Appellant (Union of India) argued that the incident was not an untoward incident and that the passenger was not holding a railway ticket.
Respondents (dependents) argued that the deceased died due to an accidental fall from the train, which is an untoward incident, and they are entitled to compensation.
Ratio Decidendi
An accidental fall from a train due to a jerk constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989. The Railway Administration is liable to pay compensation unless it proves that the passenger was not a bona fide passenger or that an exception applies. In this case, the railway failed to discharge its burden.
Judgment Excerpts
Late Mr.Sheshrao Dangat was travelling on 1.4.2008 by NizamabadPune passenger train from Umri to Nanded. He fell down from the train between Umri and Shivangaon Railway Stations due to jerk at the spot near KM 389/500 and sustained injuries and died.
It appears that deceased Sheshrao Dangat reportedly died due to railway accident.
Procedural History
The respondents filed Claim Application No. OA(IIu)/NGP/2009/0020 before the Railway Claims Tribunal, Nagpur Bench, which awarded compensation of Rs.4,00,000 on 2.6.2010. The appellant (Union of India) appealed against this award in the High Court of Bombay, Nagpur Bench, by filing First Appeal No.925 of 2010. The High Court reserved judgment on 28.7.2015 and pronounced it on 6.8.2015, dismissing the appeal.
Acts & Sections
- Railways Act, 1989: 123(c)(2)
- Code of Criminal Procedure, 1973: 174
