Case Note & Summary
The appeal was filed by the Union of India, represented by the General Manager, Central Railway, against the order of the Railway Claims Tribunal, Nagpur Bench, which awarded compensation of Rs. 4,00,000 to the respondents, the parents of the deceased Kiran. The deceased, a teacher, had purchased a ticket from Bhusawal Railway Station and was returning to Nashik by train No. 1382 UP on 1.10.2006. During the journey, due to a sudden jerk, he fell from the train at Km. No. 420/224 between Bhadli and Jalgaon railway stations, sustaining severe injuries and dying on the spot. His ticket was lost in the accident. The respondents claimed compensation for his untimely death. The appellant railway resisted the claim, arguing that the incident was not an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, and that the deceased was not a bona fide passenger, alleging that he was careless and negligent in crossing the track. The Tribunal, after examining witnesses and documentary evidence, held that the cause of death was an 'untoward incident' as the deceased fell from the running train, making the railway liable to pay compensation. The High Court, in appeal under Section 23 of the Railway Claims Tribunal Act, 1987, upheld the Tribunal's finding, noting that the deceased was a bona fide passenger and the fall from the train due to a jerk constitutes an untoward incident. The court dismissed the appeal, affirming the compensation award.
Headnote
A) Railways Act - Untoward Incident - Section 123(c)(2) - Accidental Fall from Train - The death of a bona fide passenger who fell from a running train due to a sudden jerk is an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989. The court held that the railway administration is liable to pay compensation under Section 124A, and the burden of proving exceptions lies on the railway. (Paras 2-5)
B) Railways Act - Compensation - Section 124A - Bona Fide Passenger - The court held that the deceased was a bona fide passenger as he had purchased a ticket, and the loss of the ticket does not negate his status. The railway's contention that the deceased was negligent in crossing the track was rejected as the evidence showed he fell from the train. (Paras 2-5)
Issue of Consideration
Whether the death of a passenger who fell from a running train due to a sudden jerk constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, entitling the dependents to compensation under Section 124A.
Final Decision
The appeal is dismissed. The order of the Railway Claims Tribunal, Nagpur Bench, dated 30.9.2009, awarding compensation of Rs. 4,00,000 to the respondents is upheld.
Law Points
- Untoward incident includes accidental fall of a bona fide passenger from a train
- Railway administration is liable to pay compensation irrespective of negligence
- Burden of proof on railway to establish exceptions under Section 124A
Case Details
2017 LawText (BOM) (07) 250
First Appeal No. 337 of 2010
Dr. (Smt.) Shalini Phansalkar-Joshi, J.
Shri N. P. Lambat for Appellant, Shri S. K. Sable for Respondents
Union of India, General Manager, Central Railway, Mumbai CST
Shri Jagganath Shankarrao Piske and Smt. Rukshmanibai Jagganath Piske
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Nature of Litigation
Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against order of Railway Claims Tribunal awarding compensation.
Remedy Sought
Appellant sought quashing and setting aside of the Tribunal's order awarding compensation of Rs. 4,00,000 to the respondents.
Filing Reason
The appellant contended that the incident was not an 'untoward incident' and the deceased was not a bona fide passenger, and that the cause of death was self-inflicted injury due to negligence in crossing the track.
Previous Decisions
Railway Claims Tribunal, Nagpur Bench, in Claim Application No. 51/OAII/RCT/NGP/2007 dated 30.9.2009, held that the cause of death was an 'untoward incident' and awarded compensation of Rs. 4,00,000 to the respondents.
Issues
Whether the death of a passenger who fell from a running train due to a sudden jerk constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989.
Whether the railway administration is liable to pay compensation under Section 124A of the Railways Act, 1989.
Submissions/Arguments
Appellant argued that the incident was not an 'untoward incident' as the deceased was careless and negligent in crossing the track, and he was not a bona fide passenger.
Respondents argued that the deceased was a bona fide passenger who fell from the train due to a sudden jerk, which is an untoward incident, and they are entitled to compensation.
Ratio Decidendi
The death of a bona fide passenger who falls from a running train due to a sudden jerk is an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, and the railway administration is liable to pay compensation under Section 124A. The burden of proving exceptions lies on the railway.
Judgment Excerpts
Deceased Kiran was the son of respondent nos. 1 and 2. He was working as teacher in the school at Aurangabad. On 1.10.2006 he had gone to Bhusawal to meet his friend for his persons work and then after purchasing the ticket from Bhusawal Railway station, he was returning to Nashik by train No. 1382 UP. During the course of journey due to sudden jerk, Kiran fell down at Km. No. 420/224 between Bhadli and Jalgaon railway station. He sustained severe injuries and died on the spot.
The learned trial Tribunal was pleased to hold that the cause of death was ‘untoward incident’, as deceased has fallen from the running train and hence, railway administration was liable to pay compensation of Rs.4,00,000/ to the respondents.
Procedural History
The respondents filed Claim Application No. 51/OAII/RCT/NGP/2007 before the Railway Claims Tribunal, Nagpur Bench, which was allowed on 30.9.2009, awarding compensation of Rs. 4,00,000. The appellant, Union of India, preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 before the High Court of Judicature at Bombay, Nagpur Bench.
Acts & Sections
- Railways Act, 1989: 123(c)(2), 124A
- Railway Claims Tribunal Act, 1987: 23
