Case Note & Summary
The appellants, the widow and minor children of Shyamrao Shende, filed a claim application before the Railway Claims Tribunal at Nagpur seeking compensation for his death in an untoward incident under Section 123(c) of the Railways Act, 1989. The deceased allegedly boarded Train No. 4 NAB from Nagbhid to Nagpur on 15.07.2002. The Tribunal rejected the claim on the ground that the ticket found on the deceased (No. 02391) was from Mahule to Kempalsad, not from Nagbhid to Nagpur, and thus the claimants failed to establish that the deceased was a bona fide passenger. The High Court noted that Mahule and Kempalsad are places on the railway route from Nagbhid to Nagpur. The spot panchnama, which was not disputed, showed that the deceased's body was found at Mahule near the track, and the ticket was recovered from his pocket. The court held that the ticket found on the body, combined with the panchnama, sufficiently establishes that the deceased was a bona fide passenger and that an untoward incident occurred. The court set aside the Tribunal's order and allowed the appeal, directing the respondents to pay compensation of Rs. 4,00,000 with interest at 6% per annum from the date of the claim application until realization.
Headnote
A) Railways Act - Bona Fide Passenger - Section 124A - Ticket Evidence - The deceased was found with a ticket from Mahule to Kempalsad, which are places on the route from Nagbhid to Nagpur. The spot panchnama confirmed the body was found at Mahule. The court held that the ticket found on the body establishes the deceased as a bona fide passenger, and the untoward incident is proved. The Railway Claims Tribunal erred in rejecting the claim on the ground that the ticket did not match the claimed journey. (Paras 1-6)
Issue of Consideration
Whether the deceased was a bona fide passenger travelling from Nagbhid to Nagpur on 15.07.2002 in Train No. 4 NAB and died in an untoward incident.
Final Decision
Appeal allowed. The order of the Railway Claims Tribunal dated 15.05.2017 is set aside. The respondents are directed to pay compensation of Rs. 4,00,000 with interest at 6% per annum from the date of the claim application until realization.
Law Points
- Bona fide passenger
- Untoward incident
- Railways Act 1989
- Section 124A
- Section 123(c)
- Burden of proof
- Ticket evidence
- Panchnama
Case Details
2017 LawText (BOM) (05) 61
First Appeal No. 431 of 2005
Shri N.B. Bargat for appellant, Shri N.P. Lambat for respondent nos. 1 and 2
Smt. Mamtarani wd/o Shyamrao Shende, Mast. Gajanan s/o Shyamrao Shende, Mast. Shankar s/o Shyamrao Shende
Union of India, through General Manager, South Railway, Kolkata; General Manager, South Eastern Central Railway, Bilaspur
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Appeal against rejection of claim for compensation under Railways Act for death in untoward incident.
Remedy Sought
Compensation for death of Shyamrao Shende in an untoward incident.
Filing Reason
Death of husband/father in a train accident; claim rejected by Railway Claims Tribunal.
Previous Decisions
Railway Claims Tribunal at Nagpur rejected Claim Application No. 76/OAII/RCT/NGP/2003 on ground that deceased was not a bona fide passenger.
Issues
Whether the deceased was a bona fide passenger travelling from Nagbhid to Nagpur on 15.07.2002 in Train No. 4 NAB?
Whether the death occurred in an untoward incident under Section 123(c) of the Railways Act, 1989?
Submissions/Arguments
Appellants argued that the ticket found on the deceased from Mahule to Kempalsad, which are on the route from Nagbhid to Nagpur, establishes him as a bona fide passenger.
Respondents argued that the ticket did not match the claimed journey from Nagbhid to Nagpur, so the deceased was not a bona fide passenger.
Ratio Decidendi
The ticket found on the deceased's body, which was from Mahule to Kempalsad (places on the route from Nagbhid to Nagpur), combined with the undisputed spot panchnama showing the body at Mahule, establishes that the deceased was a bona fide passenger and that an untoward incident occurred. The Railway Claims Tribunal erred in rejecting the claim on the ground that the ticket did not match the exact journey claimed.
Judgment Excerpts
Once panchnama is produced on record and its veracity is not in dispute, untoward incident occurred on 15.07.2002 stands established in the absence of any other evidence to the contrary.
The ticket found on the person of the deceased from Mahule to Kempalsad, which are the places on the railway route from Nagbhid to Nagpur, establishes that the deceased was a bona fide passenger.
Procedural History
Claim Application No. 76/OAII/RCT/NGP/2003 filed by appellants before Railway Claims Tribunal, Nagpur, was rejected. Appellants filed First Appeal No. 431 of 2005 before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Railways Act, 1989: Section 123(c), Section 124A
