Case Note & Summary
The case involves a First Appeal under Section 23 of the Railway Claims Tribunal Act, 1987, filed by the appellants (legal heirs of the deceased Sadanand Brahmane) against the Union of India. The deceased was traveling with a friend from Bhusawal to Sutar in Train No. 19008 Bhusawal–Surat Express with a valid ticket on 31.1.2024. Due to a sudden jerk and jolt in the train, the deceased, who was on the upper berth, fell to the floor of the compartment and later died in a private hospital. The appellants claimed compensation of Rs. 8 lakh plus interest before the Railway Claims Tribunal, Ahmedabad Bench, which rejected the claim on the ground that the incident occurred inside the train compartment and thus did not fall within the definition of 'untoward incident' under Section 123(c) or Section 124 of the Railways Act, 1989. The Tribunal read Section 123(c)(2) in isolation and concluded that no liability arose. The High Court, relying on the Supreme Court's decision in Union of India v. Prabhakaran Vijaya Kumar, (2008) 9 SCC 527, held that the object of the Act is beneficial and must be given a liberal interpretation. The court observed that Section 123(c) widens the benefit of untoward accidents and even if the railway is not directly involved, it is liable to pay compensation. The High Court set aside the Tribunal's order and allowed the appeal, directing the respondent to pay compensation of Rs. 8 lakh with interest at 6% per annum from the date of the claim application till realization, within eight weeks.
Headnote
A) Railways Act - Untoward Incident - Section 123(c) - Liberal Interpretation - The issue was whether a passenger falling from an upper berth inside a train compartment due to a sudden jerk and dying qualifies as an 'untoward incident' under Section 123(c) of the Railways Act, 1989. The High Court held that Section 123(c) is a beneficial piece of legislation and must be given a liberal interpretation to include such accidents. The Tribunal's narrow reading of Section 123(c)(2) was erroneous. (Paras 2-5) B) Railways Act - Compensation - Section 124 - Liability of Railways - The court held that the death of the deceased due to a fall from the upper berth caused by a jerk/jolt in the train is an untoward incident, and the Railways is liable to pay compensation under Section 124 of the Railways Act, 1989. The judgment of the Tribunal was set aside, and the claim for Rs. 8 lakh with interest was allowed. (Paras 5-6)
Issue of Consideration
Whether a passenger falling from an upper berth inside a train compartment due to a sudden jerk and dying constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, entitling the dependents to compensation under Section 124 of the Act.
Final Decision
Appeal allowed. The judgment and order dated 12.8.2025 passed by the Railway Claims Tribunal, Ahmedabad Bench in Case No. OA (Iiu)/ADI/630/2025 (DT) is set aside. The respondent is directed to pay compensation of Rs. 8 lakh with interest at 6% per annum from the date of filing of the claim application till realization, within eight weeks.
Law Points
- Beneficial legislation
- Liberal interpretation
- Untoward incident
- Railway accident
- Compensation
- Section 123(c) Railways Act
- 1989
- Section 124 Railways Act
