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2025 Supreme(Raj) 2443
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANEESH SHARMA, J.
Union Of India Through The General Manager, West Central Railway, Jabalpur (Mp) - Appellant
Versus
Smt. Manju Devi, W/o Late Shri Mahaveer Thanwal - Respondent
S.B. Civil Miscellaneous Appeal No. 2408 of 2024
Decided On : 20-11-2025
For the Appellant : Mr. Ashish Kumar
The court upheld the award of compensation under the Railways Act, affirming entitlement to interest even during pandemic-related delays, emphasizing the status of the deceased as a bona fide passenger.
Headnote:(A) Railways Act, 1989 - Sections 123(c)(2) and 124A - Claim for compensation due to accident during railway travel - The claim petition was allowed with compensation of Rs. 8,00,000/- plus interest at 9% p.a. from the date of accident till award - The claimants were found to be bona fide passengers who suffered as a result of an untoward incident - Court affirmed the Tribunal's decision about the validity of the claim and the award of interest even during pandemic-related delays. (Paras 1, 6, 12, 17)
Facts of the case:
The deceased fell from a train and subsequently died. The respondents claimed that the deceased was a bona fide passenger and entitled to compensation for the incident, supported by evidence including documentation and witness statements.
Findings of Court:
The learned Railway Claims Tribunal awarded Rs. 8,00,000/- with 9% interest; the court upheld this decision stating there was no reason to deny interest for pandemic-related delays.
Issues: The primary issues revolved around the deceased's status as a bona fide passenger and entitlement to compensation despite delays attributed to COVID-19.
Ratio Decidendi: The court held that the claimants could not be held responsible for delays caused by uncontrollable events like COVID-19, thus justifying the award of interest from the date of the accident to the date of the award.
Result: Appeal dismissed and costs awarded to the claimant.
| Table of Content |
|---|
| 1. background of appeal and incident. (Para 1 , 2) |
| 2. issues framed by the railway claims tribunal. (Para 3 , 4 , 5) |
| 3. tribunal's conclusion favoring claimants. (Para 6) |
| 4. appellant's contention regarding interest. (Para 7 , 8) |
| 5. court's analysis on interest and covid-19 implications. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 6. court's decision against frivolous appeal. (Para 16 , 17 , 18) |
| 7. final orders and directions. (Para 19 , 20 , 21) |
| 8. compliance and future action directions. (Para 22 , 23 , 24) |
ORDER :
MANEESH SHARMA, J.
1. The present appeal has been filed by the appellant assailing: (i) the award dated 16.11.2023 passed by the learned Railway Claims Tribunal, Jaipur in OA-II-20/2019, whereby the claim petition/original application filed by the respondents-claimants was allowed and an award of Rs.8,00,000/- was awarded along with interest @ 9% p.a. from the date of the accident till the date of the award; and (ii) the order dated 02.02.2024 in review application No.2/2024, whereby the review application to the extent of review of the award in respect of interest for the period from 04.11.2019 to 18.07.2022, was rejected.
2. Brief facts giving rise to the present appeal are that on 17.04.2018, the deceased- Shri Mahaveer Thanwal commenced his journey from Durgapura to Indore by a passenger train- Jodhpur Indore Intercity Express, and during the said journey, Sh. Mahaveer Thanwal, due to the sudden jerk of the train and resultant loss of balance, accidentally fell from the running train at Keshoraipatan Railway Station and died during treatment at MBS Hospital, Kota. Thereafter, regarding the said incident, an FIR bearing No. 28/2018, dated 19.04.2018, was also registered under Section 174 of the Code of Criminal Procedure, 1973. The present respondents, being legal representatives of the deceased Sh. Mahaveer Thanwal has filed a claim petition against the appellant, the Railway Administration. The said claim petition was contested by the appellant on various grounds.
3. On the basis of pleadings of the parties, the learned Railway Claims Tribunal has framed the following issues:-
1. Whether the deceased was travelling on a valid railway journey ticket and was a bona fide passenger of the train in question at the relevant time?
2. Whether the deceased met with an untoward incident due to a fall from the passenger-carrying train, suffered injuries, and died as a result thereof, and the present case is covered under the definition of Section 123(c)(2) read with Section 124A of the Railways Act, 1989?
3. Whether the applicants are the sole dependants of the deceased and are entitled to compensation as claimed under Para-16 of the claim application?
4. Relief?
4. In order to substantiate the averments made in the claim petition, the respondent No.1 -Manju Devi (AW1), along with Shri Raghuveer (AW2), were examined and produced as many as 15 documents marked as Ex. A-1 to A-15.
5. In rebuttal, the appellant- Railway Administration examined Sh. Rakesh Pundir- Loco Pilot Mail (RW1) and Sh. Basant Kumar Sharma- Investigating Officer (RW2).
6. After detailed consideration and examination of the pleadings of the parties and evidence so led, the learned Railway Claims Tribunal, while relying upon the judgment passed by the Hon'ble Supreme Court in the case of Union of India vs. Reena Devi , 2019 3 SCC 572 as well as the judgment passed by a co-ordinate bench of this Court in the matter of Union of India vs. Hari Narayan Gupta & Anr., AIR 2007 Raj. 38, decided all the issues in favour of the claimant-respondents and accordingly, the claim petition was allowed in favour of the claimant-respondents and the proforma respondent Ramdayal. Further, the learned Railway Claims Tribunal directed the appellant- Railway Administration to pay Rs.8,00,000/- to the claimant-respondents along with interest @ 9% p.a. from the date of accident i.e. 17.04.2018 till the date of order i.e. 16.11.2023.
7. Being aggrieved of which, the present appeal has b
