The Court affirmed that a passenger's accidental fall from a moving train constitutes an 'untoward incident', ensuring compensation under the no-fault principle without regard to negligence.

JUDGMENT :

G.A. SANAP, J.

1 Heard finally with the consent of learned Advocates for the parties.

2 In this appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987 (for short, ‘the Act of 1987’), the challenge is to the judgment and order dated 01.03.2018, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur (for short ‘the Tribunal’), whereby the claim filed by the appellants/claimants for compensation under Section 16 of the Act of 1987 was dismissed.

3 Background facts:

Appellant No. 1 is the wife of the deceased - Puran Gautela. Appellant Nos. 2 to 4 are the sons of the deceased. They claim that on 01.01.2015, after purchasing a journey ticket, the deceased boarded a train at Nagpur to go to Badnera. The ticket was purchased for the deceased by appellant No. 2. The deceased boarded the train with a valid journey ticket. They stated that due to a heavy rush in the train and a sudden jerk to the train, the deceased fell from the running train and sustained serious injuries between pole No.836/19. He was shifted to Indira Gandhi Government Medical College for treatment by the railway police. His one leg was amputated in the accident. He died on 02.01.2015, due to the injuries sustained by him in the accident. According to the appellants, the deceased was a bona fide passenger travelling with a valid journey ticket. He died in an untoward incident. Therefore, they claimed the compensation.

4 Respondent-railway filed the written statement and opposed the claim. It is the contention of the railway that the death was not in an untoward incident. The deceased was not a bona fide passenger. The possibility of the deceased being run over by any train or dashed by the train at the spot of the incident can’t be ruled out.

5 Appellant No.2 examined himself as a sole witness in support of the claim. The railway did not adduce oral evidence. Learned Members of the Tribunal, on consideration of the evidence, found that there was no substance in the claim and ultimately, dismissed the claim.

6 I have heard learned Advocate Mr S. B. Dhande for the appellants and learned Advocate Mr V. M. Gadkari for the respondent. Perused the record and proceedings.

7 In the facts and circumstances, the following points fall for my determination:

(i) Whether the deceased died in an untoward incident as understood by the provisions of Section 123(c)(2) of the Railways Act, 1989?

(ii) Whether the deceased was a bona fide passenger travelling with a valid journey ticket?

(iii) What order ?

8 Learned Advocate for the appellants submitted that on the basis of the evidence of AW-1 the appellants have proved that before boarding the train to go to Badnera from Nagpur, appellant No. 2 had purchased a journey ticket for the deceased. Learned Advocate submitted that the evidence on affidavit of the relevant facts adduced by appellant No.2 is sufficient to discharge the initial burden. Learned Advocate submitted that the date of the drawing of spot panchanama i.e. 05.01.2015 and the date of the inquest panchanama i.e. 03.01.2015 would show that the spot of the incident was not inspected immediately after the incident. Learned Advocate submitted that in such an accident, the possibility of loss of a ticket can’t be ruled out. Learned Advocate submitted that the possibility of loss of the ticket has been established. Learned Advocate submitted that, therefore, the finding recorded by the Tribunal, on this point, can’t be sustained. Learned Advocate submitted that the deceased was found in an injured condition on the railway premises near the RR cabin at platform No. 1. Learned Advocate submitted that the railway has not pleaded that the deceased was either run over or dashed by any train at the spot of the incident. Learned Advocate further submitted that there is no report of the loco- pilot or guard of any train to establish the case of a run over. Learned Advocate submitted that the spot of the incident is at some distance from the Nagpur Railway Station pl