The Railways Act, 1989 imposes 'no fault liability' on the Railways in case of railway accidents, and the Railways is bound to pay compensation to victims or their dependents.

1. This appeal has been directed by the Southern Railway as against the order of the Railway Claims Tribunal, Chennai Bench, ordering a compensation of Rs.4,00,000/-to respondents 2 and 3, who are parents of one Bakkiyaraj, who died in a train accident.

2. On 24.08.2007, Bakkiyaraj, then 24 years old, travelled in Train No.6607 Chennai-Mangalore Express from Chennai to Karur. The train had an unscheduled halt at Veeravakiyam Railway Station. After some time, the train started moving. He fell down from the moving train and died on the spot. According to his parents, in the train, as there was much crowd, he was standing near the entrance of the compartment, abruptly, the train started from Veeravakiyam Railway Station, due to the jerking and jolting of the train, the door of the compartment, which was kept open, dashed on his head, he slipped and fell down from the moving train and died.

3. The Railways filed reply statement disputing that the deceased was a bonafide passenger and it had also disputed the manner of the accident pleaded.

4. The Railway Tribunal framed 5 issues, namely, (1) Was the deceased a bonafide passenger in the train? (2) Was there an 'untoward incident' involving the deceased? (3) Whether the applicants are the only dependents of the deceased? (4) Whether the applicants are entitled to any compensation? if so, the quantum for each? (5) To what relief, if any?

5. Before the Tribunal, the second respondent, who is the father of the deceased deposed as A.W.1. And through him Exs.A1 to A8 have been marked. Railways marked Exs.R1 and R2. But, it did not let in any oral evidence.

6. Appreciating the evidence, the Tribunal concluded that on 24.08.2007, in Chennai-Mangalore Express, the deceased travelled as a bonafide passenger, he suffered accidental death, which is an 'untoward incident' as per Section 123 (c) (2) and Section 124-A of the Railways Act, 1989, respondents 2 and 3 as his dependents are entitled to the maximum compensation of Rs.4,00,000/-.

7. According to Mr.T.S.Rajamohan, learned counsel for the Southern Railways, there is no proper evidence as to the manner of accident, Exs.R1 and R2 were not properly considered, thus, the finding of the Tribunal is unsustainable.

8. However, Mr.T.Rajamohan, learned counsel for respondents 2 and 3 contended that Ex.A7 establishes that the deceased travelled in the train as a bonafide passenger. The earliest records, the evidence collected by the police and the police Final Report corroborates the claim of respondents 2 and 3. The onus is upon the Railways to establish its contrary version. However, there was no convincing and acceptable evidence from the Railways. In the circumstances, the Tribunal has rightly held that the claimants are eligible for compensation. Further, the case comes under Section 123(c) (2) r/w 124-A of the Railways Act,1989. It incorporates 'Rule of Strict Liability'. In such circumstances, question of finding the fault lies on whom is irrelevant. In such circumstances, the Railway is bound to pay them compensation. In support of his submissions the learned counsel for respondents 2 and 3 also cited UION OF INDIA Vs. PRABHAKARAN VIJAYA KUMAR AND OTHERS [2008(4) MLJ 323(SC)] and JAMEELA & OTHERS Vs. UNION OF INDIA [AIR 2010 SUPREME COURT 3705].

9. I have given my anxious consideration to the arguments of both sides, perused the evidence on record, the impugned order and went through the decisions cited.

10. The Railways Act,1989 is a complete code dealing with various matters connected with the running of trains, Railway Administration, claiming of compensation for death or other causalities in a train accident. Chapter XIII of the Act deals with the railway "accident" and 'untoward incident' and liability of Railway Administration for death and injury to Railway passengers due to accidents.

11. It is relevant here to note Sections 2(29), 123, 124-A of the Railways Act,1989. They runs as under:-

“Section 2(29)

'Passenger' m