The main legal point established in the judgment is that the Railway Claims Tribunal has exclusive jurisdiction over compensation claims for passengers who have accidentally fallen from a train, and the Consumer Forum does not have jurisdiction in such matters.

ORDER :

In this petition under Article 227 of the Constitution of India, the petitioners inter alia seek quashment of the orders dated 09.10.2015 and 21.05.2012 passed by the Karnataka State Consumer Dispute Redressal Commission (hereinafter referred to as 'the District Commission' for short) as well as Karnataka State Consumer Dispute Redressal Commission (hereinafter referred to as 'the State Commission' for short) respectively. In order to appreciate the petitioners challenge to the impugned order, relevant facts need mention, which are stated infra.

2. On 24.01.2011, father of respondent No.1 while alighting from the train, fell down and was killed. The respondents thereupon sent a notice on 12.09.2011 to the petitioner and thereafter filed a complaint before the District Commission seeking compensation of Rs.4,00,000/-for the death of late Bheemanagouda. The District Commission by an order dated 21.04.2012 inter alia held that Section 3 of the Consumer Protection Act has an overriding effect on other provisions of law. Therefore, the complaint in respect of the accident in question lies before the Consumer Forum. Accordingly, the District Commission awarded a sum of Rs.2.55 Lakhs along with interest at the rate of 9% per annum. An appeal was preferred before the State Commission. The State Commission by an order dated 09.10.2015 inter alia held that the liability under the Railway Claims Tribunal Act 1987 (hereinafter referred to as 'the Act' for short) arises only in relation to responsibility of the Railway administration as carriers and not in relation to accident. Accordingly, it was held that the District Commission has rightly entertained the complaint filed by the respondents. The State Commission awarded a sum of Rs.4 Lakhs and dismissed the appeal preferred by the petitioners. In the aforesaid factual background, this appeal has been filed.

3. Learned counsel for the petitioner submitted that the District Commission as well as the State Commission erred in not appreciating that it has no jurisdiction under the Consumer Protection Act, 1986 (hereinafter referred to as 'the 1986 Act' for short) to entertain a complaint arising out of an accidental falling of any passenger from a train carrying passengers and the claim for compensation could have been made under the Act only.

4. On the other hand, learned counsel for the respondent has submitted that the issue with regard to maintainability of the proceedings under the provisions of Consumer Protection Act,1986 has already been adjudicated by Division Bench of this court vide order dated 08.09.2010 passed in W.P.No.25096/2010.

5. We have considered the submissions made on both sides and have perused the record. Chapter XIII of the Railways Act, 1989 deals with liability of Railway Administration for death and injury to passengers due to accidents. Section 123(c)(2) of the Act defines the expression 'untoward incident', as follows:

123(c) untoward incident.

(1) xxxxxx

(2) the accidental falling of any passenger from a train carrying passengers.

6. Section 124A of the Railways Act, 1989 deals 6 with claim for Compensation on account of untoward incident. Section 124A of the Railways Act, 1989 reads as under:

124A. Compensation on account of untoward incident.—When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident:

Provided that no compensation shall be payable under this section by the railway administration if th