The court affirmed that a railway accident involving a bonafide passenger crossing tracks without safety provisions qualifies as an untoward incident under the Railways Act, imposing liability on the railway administration for the resulting harm.

JUDGMENT :

HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

The instant appeal is preferred for setting aside the Judgment dated 17.09.2019 passed by Mr. Dipankar Lahiri, Railway Claims Tribunal, Ranchi Bench in Case No. OA(IIU) RNC/72/2018 in an application under Section 16 of Railway Claims Tribunal Act, 1987, whereby and whereunder the learned tribunal has dismissed the claim application of the appellants on the ground that the deceased did not die in an untoward incident as defined under Section 123 of the RAILWAYS ACT , 1989.

2. Factual Matrix giving rise to this appeal in a nutshell is that on 29.03.2017 the deceased went to Windhamganj to meet her brother and was returning on 30.03.2017 boarding on Singrauli-Palamau Patna Link express to Garhwa. At About 11.30 in the night a message was received by the family members of the deceased that a lady has been died in a railway accident at Garhwa Town Railway Station near Railway Line 3 and Pole No. 10/4. The informant went to place of occurrence. It is alleged that no foot over bridge has been built near the railway station to enable the passengers to go across from one side to another and there is also no facility of electricity near the railway track and the passengers are compelled to cross the railway line and in that course the deceased while crossing the track hit by an unknown train resulting in her death. The dead body of deceased was identified by her son Bablu Kumar who lodged a case at Rail Police Station Daltonganj on 31.03.2017 which was registered as U.D case no. 12/2017 (annexure 2). After investigation final report was submitted by the investigating officer with conclusion that it is a case of accidental death on account of being run over due to crossing the track (annexure 4). It was stated by claimants that deceased was a bonafide passenger of train no 23347 Singrauli Palamau link express. She had purchased valid ticket from Windhamganj to Garhwa. She completed her journey and was returning to her house by crossing the railway track, where there was no foot overbridge and electricity facility and passengers had to cross the railway track to go to the other side, which resulted in the accident running over the deceased by another moving train due to which she died on the spot. The claimants application for compensation of Rs. 8 lacs with interest was rejected by the learned tribunal which has been assailed in this appeal.

3. The main ground for rejection of claim petition is the finding recorded by learned tribunal that the fact of a bonafide passenger getting run over after completing his journey while trying to cross the track to go to the other side on account of non availability of foot overbridge does not come within the purview of Section 123 (c) of the RAILWAYS ACT which defines “Untowards Incident”.

4. The learned counsel for appellants, Ms. Chaitali Chatterjee Sinha has argued that admittedly at Garhwa Railway Station footover bridge facility was not available and after completion of journey the bonafide passengers were constrained to cross the railway track in darkness of night to reach their destination. It is further submitted that even after completion of journey by a bonafide passenger hitting by another train while crossing railway track due to non availability of foot over bridge, the incident comes under the definition of untoward incident and none of the exception as mentioned under Section 124 A of the Railway Act has been proved by the respondents to negate their liability. The impugned judgment passed by learned tribunal is not based on the application of judicial