The main legal point established in the judgment is the application of strict liability or no-fault liability in railway accidents under Section 124-A of the Railway Act.

JUDGMENT :

Heard.

2. Being aggrieved by the judgment passed by Railway Claims Tribunal, Member (Judicial) and Member (Technical) Nagpur Bench, Nagpur in Claim Application No. OA (Iiu)/NGP/125/2019 dated 02/03/2018 dismissing the claim of the appellants for Rs.8,00,000/- along with interest from the date of accident, the applicant preferred this Appeal.

3. The facts of the claimants case is as under : -

The original appellants have filed the Claim application on account of death of their son namely Dilip Dhaneshwar Rajak in untoward incident occurred on 21/07/2018. It is stated that on 20/07/2018 deceased along with his friend namely Jaykishan Singh was travelling from Bokaro to Secunderabad by boarding in the train No. 07008 (Darbhango to Secunderabad) Express train by purchasing valid railway ticket. When the train was passing from Makodi railway station suddenly there was smoke and fire was started coming in the bogie. It is submitted that the passengers were shouting for help and some had pulled the alarm chain. After stopping the train passengers were alighted from the bogie and for saving their life they came on the railway track at KM No.174/33- 31 up line in between Sirpur to Makodi railway station. Suddenly one train No. 16317 Himsagar express came there on the track and hit the deceased who was standing on track for saving his life and in this accident he died on the spot. The accident is occurred due to negligence on the part of respondent railway therefore, claimants i.e parents of the deceased filed a claim petition before Railway Tribunal for the said untoward incident and claimed that the respondent railway is liable to pay the compensation of Rs.8,00,000/- along with interest from the date of accident as at the time of incident the deceased was the bonafied passenger of the train. The respondent railway had filed his reply and resisted the claim of the appellant by filling written statement by merely stating that it is not untoward incident and the deceased was not bonafide passenger of the train. After considering the matter before it the learned Tribunal held that the deceased was not bonafide passenger at the time of incident and dismissed the claim application of the appellant/claimant. The aforesaid judgment is the subject matter of challenge in the present Appeal.

4. It is the contention of the Appellant that the learned Tribunal erred in not considering the evidence of father of the deceased and Accidental Death Report in which it is specifically stated that the deceased had meet with railway accident and died on the spot. It is further submitted that the Tribunal further erred in not considering the evidence of co-passenger namely Jaikishan Singh who has specifically stated that the deceased was having the valid journey ticket and they both were travelling by Train no. 07008, Darbhanga-Secunderabad Express.

5. The Counsel for the Appellant relied on following citation :

1. Rakesh Saini and others Vs. Union of India and another, AIR 2004 Delhi, 107

2. Kamukayi and others Vs. Union of India and others, in Civil Appeal No. 3799/2023, Supreme Court of India

3. Union of India Vs. Prabhakaran and others, (2008) 9 SCC 527

4. Union of India Vs. Rina Devi, (2019) 3 SCC 572

6. It is contended by the learned Counsel for the respondent that nothing was recovered in the personal search of the deceased and the factum of non-recovery of the railway ticket, in itself, goes to prove that deceased was not a bonafide passenger and this fact is rightly appreciated by the Railway Tribunal and passed an appropriate order, therefore, interference is not required.

7. I have heard both the parties at length. Heard learned Counsel for the appellant and learned Counsel for Union of India.

8. My attention is drawn to the deposition of Loco Pilot of train No.16317, by which train, deceased suffered injury and died on the spot. Wherein, he deposed that on 21/07/2018, between Sirpur to Makudi stations at KM No.174/33-31, up line, train No. 07008,