The court established that a bona fide passenger is entitled to compensation under the Railways Act for an accidental death classified as an 'untoward incident', affirming strict liability principles.

JUDGMENT :

G.M.MOHIUDDIN, J.

The present appeal is filed by the appellants/applicants being aggrieved by the judgment dated 02.01.2019 passed in O.A.II(U).No.442 of 2014, on the file of Railway Claims Tribunal, Secunderabad Bench, Secunderabad (hereinafter referred as ‘the Tribunal’) whereunder, the application filed by the appellants under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation of Rs.10,00,000/- with interest from the Respondent-Railways, was dismissed by the Tribunal.

2. For the sake of convenience, the parties hereinafter referred as they were arrayed before the Tribunal.

3. Heard Smt. Geetha Madhuri N.S, learned counsel for the appellants/applicants and Sri Sanjeev Reddy Gillella, learned Standing Counsel for Central Government and perused the record.

4. The facts, in brief, are that the deceased was working as a catering supplier. On 22.05.2014, intending to attend a function at Nekkonda, the deceased along with eight co-workers, purchased three journey tickets for nine persons and two tickets for four persons each and one ticket for a single adult and boarded Train No.67272/67270 (Vijayawada–Dornakal–Kazipet Passenger). During the journey, the deceased inadvertently alighted at Intekanne Railway Station under the mistaken impression that it was Nekkonda. On realising the error, the deceased attempted to re- board the same train; however, due to heavy passenger rush, he slipped and accidentally fell from the moving train between the platform and the train at KM No.415/27–25 at Intekanne Railway Station.

5. The deceased had sustained multiple injuries and died on the spot. As the applicants are dependants of the deceased, they filed an application under Section 124-A of the Railways Act, 1989 claiming compensation of Rs.10,00,000/- with interest from the Respondent-Railways.

6. The respondents in their written statement before the Tribunal, contended that there is no evidence identifying the train on which the deceased travelled, except the statements of his friends, who are interested witnesses. Relying on the DRM report, it was noted that the body was found on Platform No.2 and no official record corroborates a fall from the train. The Guard’s statement indicated that the train arrived at Nekkonda at 22:45, whereas the body was discovered much later, raising serious doubt about the alleged incident. It was further argued that the death resulted from the deceased’s own negligent and reckless act, falling within the exceptions to Section 124-A of the Railways Act, and prayed for dismissal of the claim.

7. On behalf of the applicants, AW.1 and AW.2 were examined and Exs.A1 to A12 are marked on their behalf. On behalf of respondent, none of the witnesses were examined. However, Report of Divisional Railway Manager was marked on their behalf.

8. The Tribunal, after considering the entire evidence and documents available on record, dismissed the claim application of the applicants.

9. Aggrieved by the same, the present appeal is preferred by the appellants/applicants.

10. Learned counsel for the appellants has contented as follows:

i. That the deceased was a bona fide passenger, holding a valid journey ticket (Ex.A1.) The status of the deceased as such, is further corroborated by the fact that he was travelling along with a group and that multiple tickets had been purchased for the journey.

ii. That the deat