Case Note & Summary
The appeal arises from the dismissal of a compensation claim by the Railway Claims Tribunal, Nagpur Bench. The appellants, Shobhabai and Ganesh Gaikwad, parents of deceased Kishor Gaikwad, filed a claim under Section 124-A of the Railways Act, 1989, seeking compensation of Rs.4,00,000 with interest. On 04/06/2012, Kishor purchased a railway ticket from Nanded to Aurangabad and boarded a passenger train. Due to heavy rush, he stood near the door and fell from the running train near Msala Shivar on the Partur to Ranjani railway line, sustaining fatal head injuries. The ticket was lost in the incident. The respondent, Union of India, contested the claim, arguing that the deceased was not a bonafide passenger and that the incident was not an untoward incident. The Tribunal dismissed the claim, holding that the deceased was not a bonafide passenger and that the incident was not an untoward incident. The High Court, on appeal, examined the evidence, including the testimony of the ticket collector who confirmed that the deceased had purchased a ticket. The Court held that the deceased was a bonafide passenger and that the fall from the train due to rush and jerk constituted an untoward incident under Section 124-A. The Court allowed the appeal, setting aside the Tribunal's order and awarding compensation of Rs.4,00,000 with interest at 9% per annum from the date of the application.
Headnote
A) Railways Act - Untoward Incident - Section 124-A - Compensation - Death of a passenger due to fall from an overcrowded train due to jerk is an 'untoward incident' - The Tribunal erred in dismissing the claim on the ground that the deceased was not a bonafide passenger and that the incident was not an untoward incident - Held that the evidence of the ticket collector and the circumstances proved that the deceased was a bonafide passenger and the fall was accidental - Appellants entitled to compensation of Rs.4,00,000 with interest at 9% per annum from the date of application (Paras 1-10).
Issue of Consideration
Whether the death of Kishor Gaikwad due to fall from an overcrowded train constitutes an 'untoward incident' under Section 124-A of the Railways Act, 1989, entitling his parents to compensation.
Final Decision
Appeal allowed. The judgment and order of the Railway Claims Tribunal dated 12/03/2015 is set aside. The appellants are entitled to compensation of Rs.4,00,000 with interest at 9% per annum from the date of the application till realization.
Law Points
- Untoward incident
- strict liability
- burden of proof
- presumption of bonafide passenger
- compensation under Section 124-A Railways Act
- 1989
