Purchase of valid ticket establishes passenger status under Railways Act Section 124A even if not found at accident; falling from moving train is untoward incident absent reliable trespass evidence.

JUDGMENT :

JITENDRA JAIN, J.

1. This matter was admitted on 10^th February, 2026.

2. This appeal is filed by the original applicants challenging an order of the Railway Claims Tribunal, Mumbai (Tribunal), whereby, application made for compensation on account of death of Mr. Vinod Vachhani due to an accident came to be rejected. The Tribunal opined that the deceased was was not a bonafide passenger, since the ticket was not found at the time of the accident and further the accident does not fall within the meaning of “untoward incident” as defined by the Railways Act, 1989, since the deceased was knocked down while crossing the track between Kalyan and Thakurli Railway Station.

3. I have heard Mr. Rao, learned counsel for the original applicants and Mr. Pandian, learned counsel for the respondent.

4. The deceased was a self-employed businessman engaged in the business of electrical goods. On 10^th November, 2009, the deceased boarded a train from Ulhasnagar Station to travel to Dadar Station for his business. As per the Station Master's Report dated 10^th November, 2009 prepared at 08:00 hours, it is stated that a message was received from travelling public, that a male passenger is hit by an unknown train and seriously injured between Kalyan and Thakurli Railway Station. This message was received around 07:50 hours and the said report was prepared at 08.50 hours.

5. The Railway Authorities reached the accident spot and found the dead body of the deceased. On search of his personal belongings, a purse containing driving license, PAN Card, mobile phone, watch, ring and cash were found. An inquest panchnama was prepared, in which, it is stated that the deceased was knocked down by an unknown train. A Post-Mortem was conducted by the government hospital in which the cause of death was mentioned as “shock due to head injury”.

6. The applicants made an application to the Tribunal seeking compensation under the Railways Act, 1989. A written statement was filed by the Railways and an investigation report was also prepared in the year 2010 by the Railway Authorities. Evidence was led by both the parties and finally the Tribunal rejected the application on 31^st March, 2016. It is on this backdrop, that the present appeal has been filed by the original applicants.

7. Two issues arise for my consideration, namely, whether the Tribunal was justified in holding that the deceased was not a bonafide passenger and that the accident which resulted into his death was not on account of “untoward incident” as defined by Section 123(c)(2) of the Railways Act, 1989.

8. Section 124A of the Railways Act, 1989 provides for compensation on account of “untoward incidents”, which entitles a passenger who has been injured or his dependant in case of death to maintain an action and recover damages in respect thereof. Proviso to Section 124A provides that no compensation shall be payable if the death or injury is due to suicide, self inflicted injury, own criminal act, intoxication or insanity or any natural cause or disease, unless it arises out of an “untoward incident”.

9. Explanation to Section 124A defines “passenger” to include a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an “untoward incident”. Section 2(29) of the Railways Act, 1989 defines “passenger” to mean a person travelling with a valid pass or ticket. Section 2 defines certain words, and the meaning given therein should be applied unless the context otherwise requi