Case Note & Summary
The appeal was filed by the original applicants, who are dependents of the deceased Mr. Arogyaraj Chetiyar, challenging an order of the Railway Claims Tribunal, Mumbai, whereby the original application for compensation was rejected on the ground that Mr. Arogyaraj Chetiyar did not die on account of an 'untoward incident' within the meaning of Section 123(c)(2) of the Railways Act, 1989. The deceased met with an accident near Jogeshwari Railway Station on 20 June 2009 at around 14:13 hrs. He was admitted to Cooper Hospital and later moved to K.E.M. Hospital, where he expired the same day at 22:00 hrs. The applicants made an application to the Tribunal for compensation, which was rejected. The only issue before the High Court was whether the Tribunal was justified in rejecting the application on the ground that the deceased was not a bonafide passenger and the incident does not fall within an 'untoward incident' as defined by the Railways Act, 1989. The court examined the police report dated 20 June 2009, which recorded that two railway tickets were recovered from the deceased, issued at 13:51 hrs. The court held that this clearly establishes that the deceased was a bonafide passenger. The court further held that the death due to falling from a train or being run over by a train constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989. The court allowed the appeal, set aside the Tribunal's order, and directed the respondent to pay compensation to the applicants in accordance with law.
Headnote
A) Railways Act - Untoward Incident - Section 123(c)(2) - Bonafide Passenger - The issue was whether the deceased was a bonafide passenger and whether his death was an 'untoward incident' under the Railways Act, 1989. The Tribunal had rejected the claim on the ground that the deceased was not a bonafide passenger. The High Court, relying on the police report which recorded recovery of two railway tickets issued at 13:51 hrs., held that the deceased was a bonafide passenger. The court further held that the death due to falling from a train or being run over by a train constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989. The appeal was allowed and compensation was directed to be paid. (Paras 6-8)
Issue of Consideration
Whether the Tribunal was justified in rejecting the application on the ground that the deceased was not a bonafide passenger and the incident does not fall within an 'untoward incident' as defined by the Railways Act, 1989.
Final Decision
The appeal is allowed. The order of the Railway Claims Tribunal, Mumbai is set aside. The respondent is directed to pay compensation to the appellants in accordance with law.
Law Points
- Untoward incident
- bonafide passenger
- strict liability
- compensation under Railways Act
