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2025 Supreme(Online)(RCT) 587
RAILWAY CLAIM TRIBUNAL - MUMBAI
Shri Alok Upasani, Member (Judicial)
Smt. Rekha Vishal Relekar – Appellant
Versus
Union of India, Through the General Manager, Central Railway, C.S.T, Mumbai-400 001 – Respondent
Claim Application No: OA (IIu)/MCC/0829/2017
For the Appellants/Petitioners: Mr. A.M Rane
For the Respondents: Mr. Mohd Jamil Khan
Railway administration's liability for accidents involving bona-fide passengers is strict, and compensation is mandated unless exceptions apply, as per Railways Act provisions.
Headnote:(A) Railway Claims Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 123(c)(2), 124-A - Compensation for death in an untoward incident - Claimants were the wife and parents of the deceased who died after falling from a train - The deceased was found to be a bona-fide passenger - Claimants entitled to Rs.8,00,000/- plus interest due to strict liability of the railway administration under Section 124-A - Respondent failed to establish the passenger's negligence as an exception. (Paras 18, 19, 20, 21)
(B) Section 124 - A - The requirements for compensation under this section. The Court held that the Railway is liable for compensating victims without proving fault unless in exceptional cases as defined. (Para 18)
| Table of Content |
|---|
| 1. claim filed for compensation after a tragic accident on a train. (Para 1 , 2 , 3) |
| 2. evidence provided to support the claim includes corroborative witness statements. (Para 4 , 5) |
| 3. legal definitions and obligations of the railway concerning passenger safety. (Para 6 , 7 , 10) |
| 4. arguments made for both claims and defenses. (Para 11 , 12) |
| 5. court's conclusion on liability and compensation based on provided laws. (Para 14 , 15 , 18 , 19 , 20 , 21) |
JUDGEMENT
1. This Claim Application is filed by the Applicants under section 16 of the Railway Claims Tribunal Act, 1987 read with Section 123 (c)(2) & Section 124 - A of the Railways Act, 1989 for compensation arising out of an alleged untoward incident occurred on 14.05.2017 involving death of Vishal Ashok Relekar (hereinafter referred as deceased). The Applicants claim that, being wife and parents of the deceased, they are the dependents of the deceased Vishal Ashok Relekar.
The factual matrix of the matter in nut-shell is as below:
2. It is stated that the deceased, Vishal Ashok Relekar, aged 32 years, a resident of Bhudargad, District-Kolhapur, was engaged in centring labour work. It is alleged that on 14.05.2017 at 10.50 hours, deceased Vishal Ashok Relekar, was travelling from Kolhapur to Miraj Railway station by Kolhapur - Miraj passenger train on the strength of Second Class Railway Ticket bearing No. AF 31229380, valid from Kolhapur to Miraj Railway station. It is alleged that his brother-in-law Amar Kolekar was also travelling with him till Jaysinghpur Railway station. At about 01.10 P.M, when the said train reached at Jaysinghpur Railway station, he accidentally fell down from the said train at K.M No. 12/2-3 and sustained serious injuries and died on the spot. The Applicants have stated that the copy of Second Class Railway Ticket bearing No. AF 31229380, valid from Kolhapur to Jaysinghpur Railway station is filed along-with the Claim Application. It is therefore, contended that the deceased was a bona-fide passenger and died in an untoward incident which occurred on 14.05.2017.
3. In response to notice, Respondent – Railway Authority appeared and opposed the claim application. The Respondent filed Written Statement and also produced on record the Statutory Investigation Report based on investigation conducted by IPF/RPF/Miraj accompanied with other relevant police papers marked as “R-1”. It has been contended that:
As such the Applicant cannot be compensated.
4. In view of pleading of both parties, and relevant documents produced on record, this Tribunal framed the following issues on 12.02.2019 for just and proper adjudication of Claim Application o merit within ambit of law.
1. Whether the Applicants prove that they are the dependents of the deceased within the meaning of Section 123 (b) of the Railways Act?
2. Whether the Applicants prove that then deceased was a bonafide passenger of the train, in question, on the relevant day?
3. Whether the Applicants prove that the death of the deceased had occurred as a result of an untoward incident as alleged in the claim Application?
4. To what Order/Relief?
5. That, in order to establish the claim, the Applicant No. 1, Rekha Vishal Relekar, wife of deceased stepped into the witness-box on 06.06.2024 and filed her Affidavit in lieu of her examination-in-chief on record. She produced the relevant documents comprising:
| Sr. No. | Documents | Exhibit No. |
| 1. | Certified copy of S.M. Memo | A-1 |
| 2. | Certified copy of Spot Panchnama | A-2 |
| 3. | Certified copy of Inquest Panchnama | A-3 |
| 4. | Certified copy of Railway Ticket | A-4 |
| 5. | Death certificate of the deceased | A-5 |
| 6 | Certified copy of Post Mortem Report | A-6 |
| 6. | Certified copy of Statement of Rekha, wife of the deceased | A-7 |
| 7. | Certified copy of Statement of Santa, mother of the deceased | A-8 |
| 8. | Certified copy of Statement of Ashok, father of the deceased | A-9 |
| 9. | Certified copy of Statement of Amar, brother- in-law of the deceased | A-10 |
| 10 | Marriage certificate of deceased | A-11 |
| 11 | Ration card | A-12 |
| 12 | Aadhar card of Applicant No. 1 | A-13 |
| 13 | Aadh | |
