The main legal point established in the judgment is that the definition of untoward incidents under the Railways Act and relevant case laws determine the entitlement to compensation for incidents involving passengers.

N.K. Mody, J.

Being aggrieved by the award dated 19.5.2011 passed by Railway Claims Tribunal, Bhopal in Case No. OA/IIu/293 of 2007 whereby claim petition filed by the appellants for compensation on account of death of their son Sanjay Agrawal was dismissed, present appeal has been filed.

2. Short facts of the case are that the appellants filed a claim petition before the learned Railway Claims Tribunal, Bhopal Bench, alleging that Sanjay Agrawal was their son who fell down from train No. 1465 Rajkot Express on 3.10.2006 at Vidisha while he was travelling from Ujjain to Vidisha and sustained serious injuries and died. It was prayed that claim petition be allowed and amount be awarded. The claim petition was contested by the respondent on various grounds including on the ground that since the incident was not an untoward incident as defined under section 123 (c) (2) read with section 124-A of the Railways Act, therefore, the respondent is not liable for payment of compensation. It was alleged that according to the report of Divisional Railway Manager, alleged incident occurred when the deceased was trying to get down from the running train, therefore, the alleged incident is covered under exceptions (b) and (c) of section 124-A of the Railways Act, i.e., self-inflicted injury or his own criminal act. It was prayed that the claim petition be dismissed.

3. After framing of issues and recording of evidence the learned Tribunal dismissed the claim petition against which present appeal has been filed.

4. Learned counsel for the appellant submitted that the impugned award passed by the learned Railway Claims Tribunal is illegal and incorrect and deserves to be set aside. It was submitted that learned Tribunal found that the death of the deceased was due to an untoward incident as defined under section 123 (c) (2) of the Railways Act. It is also submitted that the learned Tribunal has also found that there is no evidence regarding speed of the train at the time when the deceased was trying to get down from the train. It is submitted that dismissing the claim petition only on the ground that since it is not untoward incident, therefore, it was wrong decision on the part of deceased is perverse. It is submitted that on this ground claim petition could not have been dismissed. It is submitted that appeal filed by appellants be allowed and the impugned judgment passed by the learned court below be set aside.

5. Learned counsel for the respondent submits that the findings recorded by the learned Tribunal are based on due appreciation of evidence which requires no interference. It is submitted that appeal be dismissed.

6. From perusal of record, it appears that at the relevant time deceased Sanjay Agrawal was travelling from Ujjain to Vidisha in the said train along with his mother Shashi Agrawal and sister Vinita Agrawal. It has also come in evidence that all of them were travelling in general compartment. It has also come on record that the compartment in which the deceased was travelling was overcrowded. It has also come in evidence that at the relevant time Vinita had got down.

7. Chapter XIII of the Railways Act deals with the liability of railway administration for death and injuries to passengers due to accident. Section 123 of the Act deals with the definitions. Sub-section (c) of section 123 lays down the definition of untoward incidents, which reads as under :

"123 (c) untoward incident means-

(1)(i) the commission of a terrorist act within the meaning of sub-section (1) of section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or

(ii) the making of a violent attack or the commission of robbery or dacoity; or

(iii) the indulging in rioting, shoot-out or arson,

by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or

(2) the accidental falling of any pa