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High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE ARUNA JAGADEESAN
The Union of India owning Southern Railway by its General Manager, Chennai
Versus
G. Jayalakshmi & Others
CMA.No.1574 of 2009
Decided On : 22-02-2012
Railway - Compensation - Railways Act, 1989, Section 123(c)(2), Section 124A - The judgment discusses the interpretation and application of Section 123(c)(2) and Section 124A of the Railways Act, 1989, in a case involving the accidental falling of a passenger from a train and the liability of the railway administration to pay compensation for such untoward incidents.
Fact of the Case:
The case involved a claim for compensation by the wife and minor children of a deceased passenger who fell from a train and succumbed to injuries. The railway administration disputed the claim, contending that the incident did not fall under the purview of Section 123(c)(2) of the Railways Act, 1989, and that the deceased was not a bona fide passenger due to the absence of a journey ticket.
Finding of the Court:
The court found that the deceased's death was a result of an accidental fall from the train, as evidenced by reports from the Railway Police and the Divisional Railway Manager. It held that the railway administration failed to provide evidence to refute the accidental fall, and the burden to prove that the deceased was not a bona fide passenger was not discharged.
Issues: The issues involved the determination of whether the incident constituted an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, and whether the deceased was a bona fide passenger entitled to compensation under Section 124A.
Ratio Decidendi: The court emphasized that the railway administration is liable to pay compensation for untoward incidents, even in the absence of negligence on their part. It also highlighted the presumption of a passenger holding a valid ticket and the burden on the railway to rebut this presumption with cogent and trustworthy evidence.
Final Decision: The court dismissed the appeal, affirming the claimants' entitlement to compensation under Section 124A of the Railways Act, 1989, and ordered the withdrawal of the awarded amount by the claimants.
Certainly. Based on the provided legal document, here are the key points:
The railway administration is liable to pay compensation for untoward incidents, irrespective of negligence, provided the incident qualifies as an 'untoward incident' under the relevant law. This liability is established even if the passenger's death or injury results from their own negligence or self-inflicted harm, unless it falls under specific exceptions such as suicide, intoxication, or criminal acts (!) (!) .
An 'untoward incident' includes the accidental falling of a passenger from a train carrying passengers. The term is interpreted broadly to encompass accidents occurring during the process of boarding or alighting, as well as falling while the passenger is on the train (!) (!) .
There is a presumption that a passenger in a train holds a valid ticket, which shifts the burden of proof to the railway to demonstrate otherwise. If the railway fails to produce credible evidence to rebut this presumption, the passenger or their dependents are presumed to be bona fide passengers entitled to compensation (!) (!) (!) .
In cases where the death or injury occurs during a railway incident, the railway authorities are expected to conduct a thorough investigation and produce reports such as inquest, postmortem, and final investigation reports, which support the conclusion that the incident was accidental and not due to foul play (!) (!) .
The evidence from railway investigation reports, police reports, and related documentation indicating that the victim died due to falling from the train is sufficient to establish the incident as an 'untoward incident' under the law (!) (!) .
The absence of direct eyewitness testimony does not necessarily weaken the case for compensation if the available evidence indicates an accidental fall. The standard of proof is based on preponderance of probabilities rather than proof beyond reasonable doubt (!) (!) .
The railway's defense that the deceased was not a bona fide passenger due to lack of a ticket is generally not upheld unless the railway provides credible evidence to prove ticketless travel. The presumption favors the passenger being bona fide if such evidence is lacking (!) (!) .
Compensation is payable under the relevant rules and schedule for death resulting from an 'untoward incident,' and the railway is liable to pay this compensation regardless of negligence, unless the death falls under specific exceptions listed in the law (!) (!) - (!) .
The law emphasizes that the process of establishing the occurrence of an accident and the passenger's status relies heavily on documentary and investigation reports, and the absence of evidence from the railway authorities rebutting the accident's nature leads to the conclusion that the incident was indeed an accidental fall (!) (!) .
The court or tribunal's decision to award compensation considers the evidence of accidental fall, the investigation reports, and the presumption of bona fide travel, resulting in the dismissal of the railway's appeal and affirming the entitlement of the claimants to compensation (!) .
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1. This Civil Miscellaneous Appeal is filed by the Union of India owning Southern Railway by its General Manager, Chennai against the order dated 27.11.2008 made in OA.no.83/2007 by the Railway Claims Tribunal, Chennai Bench, thereby granting a sum of Rs.4,00,000/- as compensation with interest at 9 per cent p.a. from the date of the order till payment to the Respondents herein/claimants, who are the wife and minor children of the deceased Gnanamani, who succumbed to the injuries sustained in an 'untoward incident', which took place on 3.6.2006 between Wimco Nagar and Kathivakkam Railway Stations at KM11/14.
2. The claimants before the Tribunal contended that the deceased was a passenger in the EMU Train and he was travelling from Korukkupet on 3.6.2006 and due to overcrowding in the Train, he had accidentally fallen down from the train between Wimco Nagar and Kathivakkam Railway Stations at KM11/14 down line and sustained injuries all over the body and thereafter, he succumbed to injuries. According to the claimants, the deceased has purchased II Class Journey ticket to travel in the train, but the same was lost.
3. The Appellant defended the claim, disputing the version of the claimants that the deceased accidentally fell down due to overcrowding. It is stated in the counter that as per the message given by the Station Master, Thiruvotriyur, it revealed that one male dead body was lying at KM11/14 near the railway track. Without prejudice to the above said contentions, the Appellant submitted that the incident was not due to falling down from the sport, but it ought to have happened due to the negligence on the part of the deceased. Therefore, it is contended that the incident does not come under the purview of Section 123(c)(2) of the Railways Act, 1989 (herein after referred to as the Act) and it will only amount to 'self-inflicted injuries' for which the Railway Administration is not liable to pay compensation under the provisions of Section 124A of the Act. It was also contended that the deceased was not a bona fide passenger, since he did not possess a journey ticket.
4. As per Section 123(c)(2) of the Act, 'untoward incident' includes the accidental falling of any passenger from a train carrying passengers. Here, the dispute mainly pertains to the aspect as to whether the deceased accidentally fell down from the train due to overcrowding, as contended by the claimants. The fact of body of the deceased being found in the railway track at KM11/14 between Wimconagar and Kathivakkam Railway Stations is not disputed by the Appellant.
5. At the time of enquiry before the Tribunal, the 1st claimant herself examined as AW.1 and gave evidence in respect of the claim. She had marked Ex.A1 copy of the First Information Report, Ex.A2 copy of inquest report, Ex.A3 postmortem certificate and Ex.A4 final report. It appears from the contents of the First Information Report that the message had been received by that Station Master that a male dead body aged about 45 years was lying at KM11/14 down line. In the inquest report Ex.A2, in column 9, it is stated that deceased appears to have travelled in EMU Train at 3.6.2006 prior to 11.00 am and had accidentally fallen down between Wimconagar and Kathivakkam Railway Stations near the down line at KM11/14 and sustained grievous injuries on different parts of his body. The same is repeated in column 15 also. The inquest report reveals that the inquest was commenced on 3.6.2006 at 12.00 noon and concluded at 4.30 p.m. by the Sub Inspector of Police, Korukkupet Police Station. After investigation, a final report has been filed by the Sub Inspector of Police, Korukkupet Police Station in Ex.A4, wherein it is stated that the deceased had accidentally fallen down from one of the Emu Train and died on the spot.
6. The Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2008 (herein after referred to as the Rules) deals with the manner of investigation done by th
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