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C. V. KARTHIKEYAN
G. Arjunan – Appellant
Versus
Union of India, Represented by the General Manager, Southern Railway, Chennai – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 23 of the Railway Claims Tribunal Act 54 of 1987, the order dated 25.10.2017 passed by the Claims Tribunal, Chennai Bench in O.A.(II-U) 52/2017 be set aside granting an award for the statutory compensation of Rs.8,00,000/- (vide Gazette Notification with effect from 01.01.2017) together with interest at 12% p.a from the date of filing of the claim application viz., 03.04.2017 till the date of payment and the costs of the proceedings.)
1. The applicants in O.A.(II-U) 52 of 2017 before the Railway Claims Tribunal, Chennai, are the appellants herein. They are the parents of A.Pandian, who, while travelling up to Guindy on 18.07.2016 in the EMU electric train running from Tambaram to Chennai Beach and accidentally fell down from the running train and suffered grievous injuries and died at the spot, when the train was running between Pallavaram and Trisoolam Railway Stations.
2. They preferred the aforementioned petition, seeking compensation of a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) with interest from the date of the application till date of payment at 9% per annum and also for costs.
3. The said application had bee
The principle of strict liability and the need for a purposive interpretation of legal provisions to ensure compensation for victims of train accidents.
Death of a bona fide passenger from a moving train fall constitutes an 'untoward incident' under the Railways Act, establishing strict liability for compensation despite negligence.
Bona fide passengers holding valid tickets are entitled to compensation for accidental falls, irrespective of which train they used, under the Railways Act.
Absence of a train ticket does not negate the status of a bona fide passenger, provided there is sufficient corroborative evidence to support the journey claim.
The court established that a bona fide passenger's negligence does not preclude entitlement to compensation for an untoward incident under the Indian Railways Act.
The main legal point established in the judgment is the need for a liberal and wider interpretation of the Railways Act to advance its object, emphasizing the principle of strict liability and the re....
Claimants are entitled to compensation for death due to a railway accident despite a lack of eyewitnesses, based on strict liability principles.
The incident of falling under a moving train constituted an untoward incident, entitling the appellants to compensation under Section 124-A of the Railways Act.
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