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ABHAY AHUJA
Union of India, through General Manager Central Railway, Mumbai – Appellant
Versus
Reena D/o. Kishor Kharwade – Respondent
JUDGMENT :
These are two appeals filed by the Union of India, through General Manager, Central Railway, Mumbai, impugning the decision dated 1st September, 2021 awarding compensation of Rs.8,00,000/- in Claim Petition No.OA IIu/168/2019 (First Appeal No.113/2022) to the respondent-Reena Kharwade along with interest at the rate of 9% per annum from the date of the incident i.e. 5th January, 2019 till realization for injury of having lost her both legs and also compensation of Rs.8,00,000/- in Claim Petition No.OA IIu/169/2019 (First Appeal No.114/2022) to the respondents along with interest at the rate of 9% per annum as dependants of the deceased mother of Reena Kharwade.
2. The factual background is that Reena Kharwade, the sole respondent in First Appeal No.113/2022, who was about to be married, being desirous of travelling from Nagpur to Pandhurna alongwith her mother for making marriage purchases, both holding valid railway tickets, boarded GT Express Train going towards Chennai instead of a train going towards Hazrat Nijamuddin, Delhi. Admittedly, the daughter and the mother boarded a wrong train going in the opposite direction. When it was realized that they had boarded a wrong
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.
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.
Bona fide passengers holding valid tickets are entitled to compensation for accidental falls, irrespective of which train they used, under the Railways Act.
In railway accident claims, initial burden of proof lies with claimants to show deceased was a bona fide passenger; burden shifts to Railways upon their demonstration of bona fides, with strict liabi....
The incident of falling under a moving train constituted an untoward incident, entitling the appellants to compensation under Section 124-A of the Railways Act.
Compensation for railway accident claims is based on the principle of strict liability, ensuring entitlement despite negligence unless proven otherwise; judicial interpretation should favor claimants....
The principle of strict liability and the need for a purposive interpretation of legal provisions to ensure compensation for victims of train accidents.
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