Case Note & Summary
The appellants, being 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. However, the ticket found on his body was from Mahule to Kempalsad, which are stations on the same route. The Tribunal rejected the claim on the ground that the claimants failed to establish that the deceased was a bona fide passenger travelling from Nagbhid to Nagpur. The High Court noted that the panchnama, which was not disputed, clearly indicated that the body was found on the track at Mahule near Boogie No.755, and a ticket from Mahule to Kempalsad was recovered from his pocket. The court held that the ticket found on the body, being on the same route, sufficiently establishes that the deceased was a bona fide passenger. The court further held that the untoward incident is established by the panchnama. The court allowed the appeal, set aside the Tribunal's order, and directed 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 123(c) and Section 124A - Untoward Incident - The issue was whether the deceased was a bona fide passenger when the ticket found on his body was from Mahule to Kempalsad, which are stations on the same route as the claimed journey from Nagbhid to Nagpur. The court held that the ticket found on the body, coupled with the panchnama showing the body found on the track, establishes that the deceased was a bona fide passenger and died in an untoward incident. 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 in Train No. 4 NAB on 15.07.2002 and died in an untoward incident.
Final Decision
Appeal allowed. Order of Railway Claims Tribunal set aside. Respondents directed to pay compensation of Rs. 4,00,000 with interest at 6% per annum from the date of claim application until realization.
Law Points
- Bona fide passenger
- Untoward incident
- Railways Act
- 1989
- Section 123(c)
- Section 124A
- Burden of proof
- Ticket found on body
- Panchnama evidence
Case Details
2017 LawText (BOM) (05) 88
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 and others
Union of India through General Manager, South Railway, Kolkata and General Manager, South Eastern Central Railway, Bilaspur
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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 in Train No. 4 NAB on 15.07.2002.
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's body from Mahule to Kempalsad, being on the same route, 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 body of the deceased, being from a station on the same route as the claimed journey, coupled with the panchnama showing the body found on the track, establishes that the deceased was a bona fide passenger and died in an untoward incident. 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, clearly establishes that the deceased was a bona fide passenger.
Procedural History
Claim Application No. 76/OAII/RCT/NGP/2003 filed 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: 123(c), 124A
