Case Note & Summary
The appellant, Shankar Narayan Rathod (since deceased, represented by his legal heir Gangabai), filed an appeal against the dismissal of his compensation claim by the Railway Claims Tribunal, Nagpur. The claim arose from the death of his mother, Premibai Narayan Rathod, on 29 July 2012. She had purchased a general ticket from Kalyan to Nagpur and boarded the Sevagram Express with a relative. When the train halted at Ajni Railway Station, her relative alighted first, and while she was alighting, due to a jerk and rush of passengers, she fell from the running train and died on the spot. The appellant filed a petition under Section 16 of the Railway Claims Tribunal Act, 1987, claiming compensation of Rs. 4,00,000/-. The respondent, Union of India, denied liability, contending that the death was due to the deceased's own negligence and thus not an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989. The Tribunal dismissed the petition, holding that the death was due to the deceased's negligence and not covered by the definition. On appeal, the High Court considered the definition of 'untoward incident' under Section 123(c)(2), which includes the accidental falling of a passenger from a train carrying passengers. The court noted that the provision does not exclude cases where the passenger's own negligence contributed to the incident. Referring to Section 124A, which provides for compensation for untoward incidents, the court held that the liability of the railway administration is strict and not subject to the defense of negligence. The court found that the deceased was a bona fide passenger holding a valid ticket, and her fall from the train while alighting squarely fell within the definition of 'untoward incident'. The court set aside the Tribunal's order and allowed the appeal, directing the respondent to pay compensation of Rs. 4,00,000/- with interest at 6% per annum from the date of the petition until realization.
Headnote
A) Railways Act - Untoward Incident - Section 123(c)(2) and Section 124A - Compensation - Death of passenger due to fall from train while alighting - Held that such incident falls within the definition of 'untoward incident' and the railway administration is liable to pay compensation irrespective of any negligence on part of the passenger, as the provision imposes strict liability (Paras 6-8).
Issue of Consideration
Whether the death of a passenger due to falling from a train while alighting constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, and whether the passenger's own negligence can disentitle the claimant from compensation.
Final Decision
Appeal allowed. The impugned judgment and order of the Railway Claims Tribunal, Nagpur dated 13.8.2015 is set aside. The respondent is directed to pay compensation of Rs. 4,00,000/- with interest at 6% per annum from the date of the petition until realization.
Law Points
- Untoward incident
- strict liability
- negligence of passenger not a defense
- compensation under Railways Act
