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2025 Supreme(Online)(RCT) 187
RAILWAY CLAIM TRIBUNAL - DELHI
Mr. JUSTICE KANWALJIT SINGH AHLUWALIA, CJ, Mr. MUKESH NIGAM, J
SH PAPPU KUMAR RAM – Appellant
Versus
UNION OF INDIA THROUGH GENERAL MANAGER – Respondent
OA (II u)/DLI/290/2024
Smt. Ashima Sood, counsel for the applicant. Ms. Jatinder Kaur, counsel for the respondent.
Injuries sustained while boarding a train are classified as untoward incidents, entitling victims to compensation under the no-fault liability principle, irrespective of contributory negligence.
Headnote:(A) Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - Entry No. 34 - Claim for compensation due to injuries sustained while boarding a moving train - The applicant was a bonafide passenger who suffered grievous injuries due to an untoward incident - The Tribunal held that injuries sustained while boarding a train constitute an untoward incident entitling the victim to compensation, irrespective of negligence - The claim application was allowed for a sum of Rs. 64,000/- with interest. (Paras 1, 5, 3)
(B) Liability - The principle of 'no fault theory' applies to injuries sustained while boarding or de-boarding a train, and the plea of contributory negligence cannot be invoked. (Paras 1, 5)
Facts of the case:
The applicant fell while attempting to board the moving Shramjeevi Express train, resulting in grievous injuries. The respondent admitted the applicant was a bonafide passenger. The incident was deemed an untoward incident under the applicable rules.
Findings of Court:
The applicant was awarded Rs. 64,000/- for injuries sustained, with 9% interest from the date of the incident until a specified date.
Issues: The main issues were the determination of compensation amount and the nature of the incident as an untoward incident.
Ratio Decidendi: The court ruled that injuries sustained while boarding a train are classified as untoward incidents, thus entitling the victim to compensation under the no-fault liability principle.
Result: Claim application allowed.
JUDGMENT
Kanwaljit Singh Ahluwalia, Chairman:-
1. Pappu Kumar Ram, on 31st December 2023, as per Annexure ‘1’ to the claim application, undertook journey from Panipat to Ara Junction. It is the case of the applicant that while boarding train No. 12392 Shramjeevi Express, when the said train was being placed at the platform, the applicant accidentally fell and suffered grievous injuries. He was carried in an ambulance from the spot to the Lady Hardinge Medical College and Hospital, New Delhi. Because of the consensus arrived between counsel for the parties, a detailed order was passed by the Tribunal on 24th October 2024. The entire order dated 24th October 2024 is reproduced below:-
“We find from the records that the written statement along with the report of DRM has already been filed. We direct the Court Master to assign exhibit R-1 to the report of DRM. Ms. Jatinder Kaur, counsel for the respondent, has drawn our attention to column no. 5 of the DRM report wherein it is noted that a general ticket no. UAG 86561439, meant for journey from Panipat to Ara issued on 31st December 2023 at 05:56:38 hrs was found from the personal search of injured, and after verification, the same was found indeed to have been issued by the Railway authorities. In column no. 22 of report of investigation, it is noted that the said ticket was handed over by the injured during the course of treatment at Lady Hardinge Hospital to Kuldeep of Railway Protection Force.
On the basis of above, Ms. Jatinder Kaur has admitted that the injured was a bonafide passenger. Ms. Jatinder Kaur has also read paras 1 and 2 of the preliminary objections and said paras 1 and 2 of preliminary objections read as under:-
“1.That the claim filed by the applicant is not maintainable as the same is without any cause of action in favour of the applicant and against the answering respondent because during the preliminary enquiry it came on record that the applicant suffered due to his own negligent and carelessness acts. It came on record that the applicant was trying to board the moving train No. 12392 Shramjeevi Express, when the same was about to place at platform No. 08 of New Delhi Railway Station. The applicant was trying to board in the general coach in moving train and in this process he lost his balance and fell in between the gap of train and platform, for which the answering respondent cannot be held responsible, hence the claim application deserves to be dismissed.
2.That the claim petition filed by the applicant is not maintainable as it is the admitted case of the applicant himself that while the train was moving at platform No. 8 and he tried to board the general coach for taking seat and due to crowd his hand and foot slipped from the door and he lost his balance and fell down in between gap of train and platform and suffered injuries and he was brought out with the help of RPF and passengers and was hospitalized with the aid of ambulance. During inquiry it also came on 31.12.2023 the station supdt. received information from the duty officer RPF that at platform No. 08, one person fell down while trying to board the moving train at about 12.50 hrs, while the train No. 12392 was in the process of placing on the platform and the person came in between the gap of train and platform and suffered injuries, as such station supdt. issue memo to the RPF/GRPF. Hence it is crystal clear that the incident took place due to carelessness of the applicant himself, as such the claim application deserves to be dismissed.” (Reproduced in verbatim) Smt. Ashima Sood, counsel for the applicant has relied upon observations made by the Hon’ble Supreme Court to contend that if any person suffered injuries while boarding or de-boarding train, an untoward incident is made out. It will be apposite here to reproduce the observations made by the Hon’ble Supreme Court of India in Union of India v/s Rina Devi (2018 ACJ 1441) as under: -
“16.6 We are unable to uphold the above view as the concept
