Case Note & Summary
The appellant, Ramesh Istari @ Istaru Kore, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, alleging that on 24.2.2016, while travelling from Saundad to Barabhati by Gondia Ballarsha train after purchasing a valid journey ticket, he fell from the running train at Gond Umri Railway Station due to rush and sudden jerk. His left leg was cut and had to be amputated above the knee. The Tribunal dismissed the claim on the ground that the appellant was not a bona fide passenger. The appellant challenged this order before the Bombay High Court. The High Court, after perusing the record, found that the appellant had purchased a valid ticket and was a bona fide passenger. The court held that the incident was an 'accidental falling' from a train carrying passengers, attracting strict liability under Section 124A of the Railways Act, 1989. The court allowed the appeal, set aside the Tribunal's order, and directed the respondent to pay compensation of Rs. 3,20,000 with 9% interest from the date of the incident.
Headnote
A) Railways Act - Accidental Falling - Section 124A - Compensation - The appellant fell from a running train due to rush and sudden jerk, resulting in amputation of his left leg above the knee. The Railway Claims Tribunal dismissed the claim on ground that the appellant was not a bona fide passenger. The High Court held that the appellant had purchased a valid ticket and was a bona fide passenger. The incident amounted to 'accidental falling' from a train carrying passengers, attracting strict liability under Section 124A of the Railways Act, 1989. The court allowed the appeal and granted compensation of Rs. 3,20,000 with 9% interest from the date of the incident. (Paras 1-14)
Issue of Consideration
Whether the appellant's fall from the train and subsequent amputation of his left leg constitutes an 'accidental falling' from a train carrying passengers, entitling him to compensation under the Railways Act, 1989.
Final Decision
Appeal allowed. Impugned judgment and order dated 25.10.2017 set aside. Respondent directed to pay compensation of Rs. 3,20,000 with 9% interest from the date of the incident.
Law Points
- Accidental falling from train
- strict liability
- burden of proof
- valid ticket
- amputation
- compensation under Railways Act
