Case Note & Summary
The appellant, Shashikant Dhage, filed a claim under Section 124A of the Railways Act, 1989, seeking compensation for grievous injuries sustained in a train accident on 29th August 2010. He was a bona fide passenger holding a valid reservation ticket from Nagpur to Tirppur. At Chandrapur Railway Station in the early hours, he alighted to buy a toothbrush but found no store. While attempting to board the coach, a sudden jerk caused him to lose balance, fall from the train, and get caught between the platform and the train, resulting in the amputation of his left leg's middle thigh. The Railway Claims Tribunal rejected his application, holding that falling from a moving train is not an 'untoward incident' under Section 123(c)(2) of the Railways Act. The appellant appealed to the Bombay High Court. The court considered whether such an accident falls within the definition of 'untoward incident'. The appellant's counsel relied on the Supreme Court's decision in Union of India v. Prabhakaran Vijaya Kumar & ors, which held that accidents while boarding or alighting from a moving train are covered. The respondent argued that the accident was not an untoward incident. The court allowed the appeal, setting aside the Tribunal's order, and directed the respondent to pay compensation of Rs. 8,00,000 with interest at 6% per annum from the date of the claim application until realization.
Headnote
A) Railways Act - Untoward Incident - Section 123(c)(2) - Accident while boarding/alighting from moving train - The court held that an accident caused from a moving train while trying to board or deboard it is covered by the definition of 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, relying on Union of India v. Prabhakaran Vijaya Kumar & ors, 2008 (2) T.A.C. 777 (SC). (Paras 5-7) B) Railways Act - Compensation - Section 124A - Grievous injury - Amputation - The court held that the appellant's injury (amputation of middle thigh of left leg) is covered by item (19) of the amended schedule as per Notification dated 22nd December 2016, entitling him to compensation. (Paras 5-7)
Issue of Consideration
Whether an accident where a passenger falls from a moving train while attempting to board or alight constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, entitling the passenger to compensation under Section 124A.
Final Decision
Appeal allowed. Impugned judgment and order dated 21st April 2016 set aside. Respondent directed to pay compensation of Rs. 8,00,000 with interest at 6% per annum from the date of claim application till realization. Amount to be deposited within eight weeks.
Law Points
- Untoward incident includes accident while boarding or alighting from moving train
- Section 123(c)(2) Railways Act
- 1989
- compensation for grievous injury
- amputation covered under amended schedule
