The legal principle established in the judgment emphasizes the entitlement to compensation in case of injury during boarding or deboarding a train, irrespective of the victim's negligence, under the 'no fault theory' and clarifies the concept of self-inflicted injury and criminal act under Section 124A of the Railways Act, 1989.

JUDGMENT :

1. Present appeal has been filed by the original applicant, challenging the judgment and award passed in Claim Application No. OA(IIu)/NGP/2015/0087, passed by learned Railway Claims Tribunal, Nagpur Bench, on 15-02-2018, whereby the claim for compensation filed by the present appellant came to be dismissed. [Parties are referred as per their nomenclature before the Tribunal.]

2. Present appellant had she is the mother of deceased Suresh Tukaram Jatale. Her son was travelling by some unknown train from Mumabi CST to Purna on 10-05-2014. However on 11-05-2014, when the train was near point No. 34 of platform No. 4 of Purna Railway Station, due to sudden jerk to the running train, he was thrown out and died on the spot. Hence, she had filed the said application for compensation in respect of the said 'untoward accident'.

3. The respondent railway contested the claim. It was contended that no such incident as narrated in the petition had taken place causing death of Suresh Jatale. It can not be said as arising out of 'untoward incident' defined under Section 123(c) of the Railways Act, 1989 read with Section 124(a) of the Railways Act, therefore, the claim application itself is not maintainable. Other averments in the application have been denied. It was specifically contended that the applicant is not entitled to get any amount of compensation.

4. Taking into consideration the rival contentions, parties have led oral as well as documentary evidence. After hearing both sides, the learned Tribunal has come to the conclusion that there was no untoward incident as contended in the petition has taken place. Deceased was not the bona fide passenger of the train on the relevant day. Therefore, the claim application was dismissed. Hence, present appeal.

5. Heard learned Advocate Mr. P.S. Agrawal appearing for the appellant/original applicant. So also, heard learned Advocate Mr M.N. Navandhar appearing for the respondent.

6. It has been vehemently submitted on behalf of the applicant, that the applicant has produced the original ticket at Exhibit A1 to show that deceased had purchased the ticket and he was a bona fide passenger. The said ticket was found on the person of deceased. In fact, when deceased had entered the railway station platform, he was suppose to take ticket and the railway authorities had not detected him as a passenger travelling without ticket. Therefore, an inference can be drawn that he was travelling with valid ticket. In order to support his submissions, he has relied on the decision in Union of India Vs. Prabhakaran Vijaya Kumar & others [AIR 2009 SC (Supp.) 383], wherein it has been held that "The expression 'accidental falling of a passenger from a train carrying passengers' includes accidents when a bona fide passenger i.e. a passenger travelling with a valid ticket or pass is trying to enter into a railway train and falls down during the process. In other words, a purposive and not literal interpretation should be given to the expression." Further, in Union of India Vs. Bimala wd/o. Pintho Tudu & others [2012(3) Mh.L.J. 883], this High Court, Bench at Nagpur, has held that "Fact that the deceased was not detected as passenger travelling without ticket, would give rise to an inference that he was travelling with valid ticket. Unless the negative is proved or there is evidence, may be, circumstantial in nature, that the deceased was not holding valid ticket, it would be desirable, to presume that deceased was authorised passenger." Further, in Union of India Vs. Nandabai w/o. Sheshrao Dangat & others [2015(6) Mh.L.J. 295], this Court, Bench at Nagpur, has observed, that "Merely because railway ticket was not recovered from dead body, it cannot be said that deceased was travelling without ticket. Possibility that ticket may have been lost during course of untoward incident cannot be ruled out and, therefore, presumption need to be drawn that the deceased was a bona fide passenger." Similar view was taken in