The legal principle established is that the entitlement to compensation for an untoward incident under the Railways Act is influenced by the status of the individual as a bona-fide passenger, the presence of negligence or self-inflicted injury, and the impact of intoxication on the incident.

VALMIKI J. MEHTA, J.

1. This first appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is filed by the applicant before the Railway Claims Tribunal against the impugned judgment dated 23.11.2015 by which the Railway Claims Tribunal has dismissed the claim petition filed by the appellant/applicant.

2. The facts pleaded by the appellant/applicant are that he on 16.10.2014 had come to Gurgaon Railway Station for going to Delhi for some personal work. It was pleaded that when the appellant/applicant was trying to board train no.12457 then as he put his foot on the foot board, train had started and on account of overcrowding in the bogie, he fell down from the train. It is pleaded that he was taken to the Gurgaon General Hospital and as a result of the injury, he has suffered amputation in both his legs. It is further pleaded that the appellant/applicant was a bona-fide passenger travelling on a valid ticket which was lost on the spot at the time of accident.

3. Respondent/Railways contested the petition. It was pleaded that the appellant/applicant was not a bona-fide passenger and that he had died as a result of self-inflicted injuries. It was pleaded by the respondent/railways that there was no untoward incident as defined under the Railways Act, 1989.

4. At the outset, before I turn to the findings and conclusions of the Railway Claims Tribunal, let me reproduce the relevant provisions of Section 123 and 124A of the Railways Act, which reads as under:-

“123. Definitions.—In this Chapter, unless the context otherwise requires,—

(a) “accident” means an accident of the nature described in section 124;

(b) “dependant” means any of the following relatives of a deceased passenger, namely:—

(i) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent;

(ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a pre-deceased son, if dependant wholly or partly on the deceased passenger;

(iii) a minor child of a pre-deceased daughter, if wholly dependent on the deceased passenger;

(iv) the paternal grandparent wholly dependent on the deceased passenger.

(c) “untoward incident” means—

(1) (i) the commission of a terrorist act within the meaning of sub- section (1) of section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or

(ii) the making of a violent attack or the commission of robbery or dacoity; or

(iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or

(2) the accidental falling of any passenger from a train carrying passengers.

124A. Compensation on account of untoward incident.—When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident:

Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to—

(a) suicide or attempted suicide by him;

(b) self-inflicted injury;

(c) his own criminal act;

(d) any act committed by him in a state of intoxication or insanity;

(e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.

Explanation.—For the purposes of this sect