The duty of the railways to ensure the safety and security of passengers, including the interpretation of statutory provisions and the consideration of measures for passenger safety.

DEVI PRASAD SINGH, J.-Present appeal under section 23 of the Railway Claims Tribunal Act, 1987 (in short hereinafter referred as Act) has been preferred against the impugned award dated 20.1.2009 passed by the Railway Claims Tribunal Lucknow.

The brief fact giving rise to the present controversy relates to death of Mohd. Sanan who fell down from the train while standing at the door in the overcrowded compartment. Before the Tribunal an affidavit was filed by the claimant respondents that on 20.4.2006 his son Mohd. Sanan was travelling from Rudauli to Dariabad having 2nd class ticket in Sabarmati Express. When the train was passing through Pratapgarh railway station because of sudden and heavy jerk late Mohd. Sanan was fell down from the train. In the said accident, according to claimant respondents, the baggage, ticket and money possessed by the deceased lost. Before the Tribunal on behalf of the claimant post mortem report and final report submitted by the police authorities panchnama, death certificate, newspaper cutting etc. were filed.

2. In support of the accident affidavit of Mohd. Ali alleged to be eyewitness and co-passenger was filed. Mohd. Ali deposed that deceased Mohd. Sanan boarded train at railway station Rudauli to reach another railway station Dariabad. The witness stated that he and deceased purchased 2nd Class ticket to board the train. However, because of overcrowded compartment they could not get berth and remain standing at the door and when the train was crossing the Patranga railway station because of sudden jerk Mohd. Sanan fell down and expired on spot. In spite of cross-examination of the witness by the appellant's Counsel no material could be gathered to falsify the story narrated by the witness of claimant respondents. It was pleaded by the respondents that Mohd. Sanan was bona fide passenger and was having valid ticket which was lost along with luggage as observed by the Tribunal at internal pages 6 and 7 of the award.

3. The Tribunal recorded a finding that deceased fell down from the train because of heavy and sudden jerk and accident has been supported by the copassenger Mohd. Ali. The appellant railway had not led any cogent and trustworthy evidence to establish that the ieceased was not bona jide passenger. Counsel for the respondent had relied upon the case of Smt. Akhtari v. Union of India1.

1. 2009 (27) LCD 240=2009 (75) ALR 12 (Sum.).

4. The Tribunal had awarded compensation to the tune of Rs. 4,00,000/- (four lacs) with interest @ 7 per cent per annum. Whill assailing the impugned award learned Counsel for the appellant submitted that deceased was not a bona fide passenger hence he was not having ticket and secondly he fell down because of his own fault being standing on door side. It has been stated by the appellant's Counsel that the case in hand fall under the exception provided under the proviso of section 124-A of the Indian Railways Act, 1989.

5. For convenience the proviso contained in section 124-A of the Act is reproduced as under:

"124-A. Compensation on account of untoward incident.--When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependent of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident:

Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to—

(a) suicide or attempted suicide by him;

(b) self inflicted injury;

(c) his own criminal act;

(d) any act committed by him in a state of int