High Court of Karnataka Allows Appeal in Railway Accident Claim Case — Death of Passenger Due to Untoward Incident Entitled to Compensation Under Section 124-A of Indian Railways Act, 1989. The Court held that the deceased was a bona fide passenger and the incident of falling from a train is an untoward incident, reversing the Tribunal's dismissal.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 21:02:28

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Case Note & Summary

The appellants, legal representatives of the deceased Jayamma, filed an appeal against the judgment of the Railway Claims Tribunal, Bengaluru, dated 28.04.2016, which dismissed their application for compensation under Section 16 of the Railway Claims Tribunal Act, 1987 read with Sections 124-A and 125 of the Indian Railways Act, 1989. The deceased Jayamma, along with her sister Rathnamma, had purchased a journey ticket from Channapatna Railway Station to Ashokpuram/Mysore on 22.02.2014. While waiting for the Tirupathi passenger train, the deceased fell from the train and died due to the untoward incident. The Tribunal dismissed the claim on the ground that the deceased was not a bona fide passenger and that the incident did not amount to an untoward incident. The High Court, after hearing the counsel for the appellants and the respondent, held that the deceased was a bona fide passenger as she had purchased a valid ticket, and that the incident of falling from a train is squarely covered under the definition of 'untoward incident' under Section 124-A of the Indian Railways Act, 1989. The Court set aside the impugned judgment and allowed the appeal, directing the respondent-Railway to pay compensation of Rs.8,00,000/- with interest at 6% per annum from the date of application before the Tribunal till the date of payment.

Headnote

A) Railway Law - Untoward Incident - Compensation - Section 124-A, Indian Railways Act, 1989 - Death of a passenger while waiting on railway platform due to falling from train - The Tribunal dismissed the claim holding that the deceased was not a bona fide passenger and that the incident was not an untoward incident - The High Court reversed, holding that the deceased had purchased a valid ticket and was a bona fide passenger, and that the incident of falling from a train is an untoward incident under Section 124-A - Held that the railway is liable to pay compensation of Rs.8,00,000/- with interest at 6% per annum from the date of application (Paras 2-10).

Issue of Consideration

Whether the death of the deceased Jayamma was due to an untoward incident as defined under Section 124-A of the Indian Railways Act, 1989, and whether the appellants are entitled to compensation.

Final Decision

Appeal allowed. Impugned judgment dated 28.04.2016 set aside. Respondent-Railway directed to pay compensation of Rs.8,00,000/- with interest at 6% per annum from the date of application before the Tribunal till the date of payment.

Law Points

Strict liability for untoward incidents
burden of proof on railway to prove exception
no requirement of negligence
compensation under Section 124-A of Indian Railways Act
1989

Case Details

2024 LawText (KAR) (04) 29

M.F.A. No.3651/2016 (RCT)

2024-04-19

H.P. Sandesh

Sri Tanveer Pasha A.S. (for appellants), Sri Harsha P. Banad (for respondent)

Mrs. Rojamani (since deceased by LRs: Venkatesh Y., Venkatesh Murthy V., Lakshmi V., Vijay V.)

Union of India, represented by General Manager, South Western Railway, Hubli

Nature of Litigation

Appeal against dismissal of compensation claim for death in railway untoward incident

Remedy Sought

Setting aside of Tribunal's judgment and grant of compensation of Rs.8,00,000/- with interest

Filing Reason

Death of deceased Jayamma due to falling from train while waiting at Channapatna Railway Station

Previous Decisions

Railway Claims Tribunal, Bengaluru dismissed OA II U 062/2014 on 28.04.2016

Issues

Whether the deceased was a bona fide passenger? Whether the incident of falling from a train amounts to an untoward incident under Section 124-A of the Indian Railways Act, 1989?

Submissions/Arguments

Appellants argued that the deceased had purchased a valid ticket and was a bona fide passenger, and that the incident was an untoward incident. Respondent argued that the deceased was not a bona fide passenger and the incident did not fall under untoward incident.

Ratio Decidendi

The deceased was a bona fide passenger as she had purchased a valid ticket. The incident of falling from a train is an untoward incident under Section 124-A of the Indian Railways Act, 1989, and the railway is strictly liable to pay compensation without proof of negligence.

Judgment Excerpts

The factual matrix of the case of the appellant before the Tribunal while filing an application under Section 16 of the RCT Act, 1987 read with Sections 124-A and 125 of Indian Railways Act, 1989 seeking compensation of Rs.8,00,000/- from the respondent-Railway for the death of the deceased Jayamma... While waiting for Tirupathi passenger train, the deceased fell from the train and died due to the untoward incident.

Procedural History

The appellants filed OA II U 062/2014 before the Railway Claims Tribunal, Bengaluru under Section 16 of the RCT Act, 1987 read with Sections 124-A and 125 of the Indian Railways Act, 1989. The Tribunal dismissed the application on 28.04.2016. The appellants then filed the present M.F.A. under Section 23 of the Railway Claims Tribunal Act, 1987 before the High Court of Karnataka.