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ABHAY AHUJA
Laxman S/o. Ganesh Kanhojia – Appellant
Versus
Union of India, Through its General Manager, Central Railway, C. S. T. Mumbai – Respondent
JUDGMENT :
1. This is an appeal filed by a Passenger/Appellant, who is aggrieved by the judgment and order dated 08.02.2018, passed by the Railway Claims Tribunal, Nagpur (the “Tribunal”) in Claim Application No.OA (IIu)/NGP/2015/2007, rejecting his application under the Railways Act 1989 (the “Railways Act”).
2. The Appellant Laxman Ganesh Kanhojia was travelling on 14.02.2018 by Train No.11040 Up Maharashtra Express from Bhandara to Nagpur. On the fateful day, it is claimed by him that he was standing near the lavatory of the compartment, at the time when due to a sudden jerk near D-Cabin, Mominpura area at Nagpur Railway Station, he fell down from the running train and suffered injuries, resulting which his leg got severed. He was admitted to Mayo Hospital Nagpur, where he was diagnosed as having railway track injury below the knee amputation, however, the closure was done above the knee on 08.03.2014. It is not in dispute that the Appellant was a bona fide passenger holding a valid journey ticket, which was verified from the Chief Booking Clerk.
3. Soon after the incident, a statement dated 14.02.2014 (A-31 of the Record and Proceedings) was given by the Appellant to the Railway G
Intention to inflict injury is required for self-inflicted injury, and mere negligence does not disentitle compensation under Section 124-A of the Railways Act.
The interpretation of the term 'untoward incident' and the concept of a bonafide passenger under the Railway Claims Tribunal Act and Railways Act.
The principle of strict liability and the need for a purposive interpretation of legal provisions to ensure compensation for victims of train accidents.
The liability of railway is based on 'no fault theory' and the principle of contributory negligence cannot be invoked in cases of 'untoward incidents'.
Injury claims under the Railways Act require broader interpretations of 'untoward incidents' where negligence does not negate entitlement to compensation.
Death of a bona fide passenger from a moving train fall constitutes an 'untoward incident' under the Railways Act, establishing strict liability for compensation despite negligence.
The legal point established is that the burden of proof lies with the claimant to show they were a bona fide passenger and sustained injuries in an untoward incident. The court also emphasized the ne....
The Railways Act provisions should be interpreted liberally and purposively to provide compensation to claimants who are bona fide passengers and victims of untoward incidents.
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