Negligence does not preclude compensation under the Railway Act unless it constitutes criminal negligence; thus, a passenger's accidental fall remains an untoward incident.

JUDGMENT :-

1. The appellants, who are the original claimants have challenged the judgment and award dated 21.11.2016 in Original Application No. (IIu)/NGP/2011/0427 passed by the learned Member of Railway Claims Tribunal, Nagpur (hereinafter referred to as “the learned Tribunal”) refusing to grant of compensation to them. The Original Claim Petition was filed by mother and married daughter of the deceased Vijaysingh Jeevansingh Thakur. However, during the pendency of this appeal, married daughter of late Vijaysingh i.e. present appellant No.2 died and therefore, her legal representatives were brought on record. Background facts are as under :-

2. As per the appellants/claimants, deceased Vijaysingh Jeevansingh Thakur on 10.10.2011 was traveling from Adilabad to Kinwat by Adilabad-Tirupati-Krishna Express bearing train No. 17406 with a valid journey ticket bearing No. 61011791. Due to heavy rush in the train, he was standing near the door. When the said train reached near km. No. 116/6 & 116/7 on platform No.1 of Kinwat Railway Station, the deceased fell down from the running train due to sudden jerk and came under the wheels and was seriously injured. Though he was shifted to the hospital, but he succumbed to the injuries. An accident report was lodged, wherein the cause of death was shown due to falling from the train. The appellants/claimants, then filed the Original Application for compensation to the tune of Rs. 4,00,000/-.

3. The respondent-Union of India, through General Manager, South Central Railway, resisted the claim application under its written statement, wherein it was primarily contended that no such incident of causing death of Vijaysingh, within the meaning of the provision of Section 123 (c) read with Section 124 (a) of the Railways Act, 1989 , had taken place. According to respondent/Railway, the appellants/applicants are not entitled for any compensation, since the deceased had died due to his own negligence and fault. Thus, the respondent/Railway had prayed for dismissal of the claim application.

4. The learned Tribunal after conducting the trial/enquiry, dismissed the claim of appellants for compensation and hence this appeal.

5. The learned counsel for the appellants/claimants submits that, the deceased Vijaysingh had definitely died in the untoward incident i.e. due to sudden jerk, he fell down from the running train. He pointed out that the deceased was having valid ticket, which was not disputed by the respondent-Railway. According to him, the learned Tribunal definitely erred in rejecting the claim of the appellants by holding that he died due to his own fault. He pointed out that nobody from the witnesses examined, had in fact witnessed the accident, but still the learned Tribunal erroneously held that it was established by the Railway from the documents on record that the deceased had died due to his own fault, when tried to de- bord the running train. He pointed out that no document shows that deceased was trying to de-boarded from off-side of Railway. According to him, from the spot panchnama, it was highly difficult to conclude that he tried to de-board from the off-side. He further pointed out that from the report prepared by the Railway Authorities, it cannot be observed that from which sides of the Railway, the deceased tried to alight. Thus, he prayed for setting aside the impugned judgment and award by granting compensation to the appellants/claimants. The learned counsel for the appellants/claimants also relied on the following judgments :-

(i) Decision of the Nagpur Bench in the case of Laxman Vs. Union of India ( First Appeal No. 184 of 2022 ) decided on 04.10.2022

(ii) Hon’ble Apex Court in the case of Union of India Vs. Rina Devi Civil Appeal No. 4945 of 2018 (Special Leave Petition (Civil) No. 10223) Decided on 09.05.2018

(iii) Union of India Vs. Radha Yada AIR 2019 Supreme Court 1410

(iv) Judgement of this Bench in Keshav Poshetty Vantankar Vs. Union of India First Appeal No. 722 of 20