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M. S. KARNIK
Dhondulal – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The challenge in this appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 is to the judgment and order dtd. 23/1/2019, passed by the Railway Claims Tribunal, Nagpur Bench at Nagpur dismissing the claim application of the appellants-claimants.
2. The appellant Nos.1 and 2 are the father and mother of the deceased whereas appellant No.3 is the daughter of deceased Roshanlal Dhondulal Tembhare (hereinafter referred to as the claimants). The claimants filed claim application before the Railway Claims Tribunal claiming compensation of Rs.8,00,000.00 on account of death of Roshanlal s/o. Dhondulal Tembhare, who died in an untoward incident i.e. falling down from the running train No.12810 Howrah - Mumbai Mail. The incident occurred on 22/11/2017 near platform No.3 of Amgaon Railway Station. The respondent No.2 is the wife of the deceased. During the pendency of the claim application, respondent No.2 re-married. It is the contention of the learned counsel for the claimants that respondent No.2 has not come forward to challenge the order. The notice of this appeal was duly served on respondent No.2. There is no appearance on behalf of respondent No.2 though she is duly
The liability of railway is based on 'no fault theory' and the principle of contributory negligence cannot be invoked in cases of 'untoward incidents'.
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.
Negligence of a deceased passenger does not affect the strict liability for compensation under Section 124A of the Railways Act, as accidental falls while boarding a train are deemed untoward inciden....
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.
Claimants are entitled to compensation for death due to a railway accident despite a lack of eyewitnesses, based on strict liability principles.
The court established that a bona fide passenger's negligence does not preclude entitlement to compensation for an untoward incident under the Indian 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 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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