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2025 Supreme(Online)(RCT) 1085
RAILWAY CLAIM TRIBUNAL - MUMBAI
Mohit Sinha, Member
Shriniwas Nagrathnam Bijja – Appellant
Versus
Union of India – Respondent
OA (II U) /MCC/0285/2023
For the Appellants/Petitioners: Manoj Pamul
For the Respondents: Manisha Shevde
The definition of an 'untoward incident' under the Railways Act includes the accidental falling of a passenger while boarding or alighting. Compensation is based on strict liability, and mere negligence of the passenger in boarding a moving train does not fall within the exception clauses of Section 124-A.
Headnote:(A) Railways Act, 1989 - Sec. 123(c)(2), 124-A - Railway Claims Tribunal Act, 1987 - Sec. 16 - Untoward incident - Death of passenger while boarding/alighting - Strict liability of Railway - Deceased fallen from moving train - Held, that Railway is liable to pay compensation as the provision is a beneficial legislation, and negligence of passenger does not amount to a criminal act under exceptions to Sec. 124-A. (Paras 13, 14, 15, 17)
Facts of the case:
The deceased was travelling on a train with a valid ticket. While the train was at a station, he alighted to purchase water. As the train started moving, he attempted to board and accidentally fell, sustaining fatal injuries. The respondent claimed negligence on the part of the deceased as he was boarding a moving train.
Findings of Court:
The court found that the deceased was a bona fide passenger and death occurred due to an untoward incident. It rejected the respondent's plea of negligence, noting that even if the deceased was negligent, it did not categorize the incident as a criminal act under Sec. 124-A. The court awarded Rs.8,00,000/- as compensation with 9% interest.
Issues: Whether the deceased was a bona fide passenger; whether the incident was an 'untoward incident' under the Railways Act; and whether the Railway is exempt from liability due to the deceased's alleged negligence.
Ratio Decidendi: The definition of 'untoward incident' includes accidental falling of a passenger from a train. The provision for compensation under the Railways Act is a beneficial legislation, requiring liberal interpretation. Negligence while boarding or alighting does not constitute a 'criminal act' or 'self-inflicted injury' sufficient to absolve Railway liability unless malicious intent or mens rea is proven.
Result: Application allowed.
| Table of Content |
|---|
| 1. establishing the case facts regarding the passenger's bona fide status and the occurrence of the incident. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. validation of bona fide passenger status under sec. 2(29) and sec. 124-a. (Para 7 , 8) |
| 3. determining that accidental falls during boarding a moving train fall under the protective scope of untoward incidents and not criminal acts. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. assessment of dependency and calculation of statutory compensation under railway act provisions. (Para 19 , 20) |
JUDGEMENT
1. This Claim Application is filed by the applicants u/s. 16 of the Railway Claims Tribunal Act, 1987 r/w. sec. 123 (c)(2) & sec. 124 - A of the Railways Act, 1989 for compensation arising out of an alleged untoward incident occurred during the course of working a Railway involving a death of deceased Vishal Shriniwas Bijja.
The factual matrix of the matter in nut-shell is as below:
2. It has been contended that, Vishal Shriniwas Bijja, (hereafter referred as deceased), aged about 23 years, resident of Solapur. The Applicant No. 1 & 2 are parents of the deceased and Applicant No. 3 is unmarried sister of the deceased. On 30.10.2022 the deceased was travelling from Solapur to Renigunta Railway Station by Train no. 22159 Chennai Express. During the journey on 31.10.2022 when the train halted at Raichur railway station the deceased was alighting to get water suddenly the speed increased of the train and the deceased accidentally fell down from the train. The Applicant produced three valid 2nd Class Railway ticket bearing Nos. UFL-47562940, 2941 & 2942 Ex. Solapur to Renigunta Jn. Railway Station on record. It has been contented that the deceased was the bona-fide passenger and died in an untoward incident occurred on 31.10.2022.
3. In response to notice,–Railway Authority appeared and opposed the claim application. The Respondent filed Written Statement and also produced on record the DRM report accompanied with other relevant police papers marked as “R-1”. It has been contended that as per eye witness, the deceased has tried to board into running train and fell down between PF No. 1 & Road No.01. It is clearly negligence on the part of the deceased. The alleged Train No.22159 MGR Chennai Central Exp. arrived Raichur statin at 00/50 hrs., and departed at 00/53 hrs., after scheduled halt. While the train was moving, the deceased had tried to board into the moving train and fallen down resulting into the death, which shows the negligence on the part of the deceased. As per certificate of SSE/P.Way/Raichur, no jerks & jolts reported at Raichur Railway Station. As per the above enquiries, it is clear that the information given by the claimants is VAGUE hence the death can be attributed due to negligence of the deceased and there is no negligence on part of Railway.
4. In view of pleading of both parties, and relevant documents produced on record, this Tribunal framed the following issues for just and proper adjudication of Claim Application on merit within ambit of law.
| Issues |
|---|
| 1. Whether the deceased was a bonafide passenger of the train in question at the time of accident? |
| 2. Whether the deceased suffered injuries & died in an untoward incident while travelling in the train in question? |
| 3. Whether the Respondent is protected under the exceptional clause of Sec.124 (A) of the Railways ACT and not liable to pay any compensation? |
| 4. Whether the applicants are the only dependents of the deceased? |
| 5. Relief? |
5. That, in order to establish the claim, the Applicant No. 1 Shri. Shriniwas Nagrathnam Bijja stepped into the witness-box and filed the Affidavit in lieu of his examination-in-chief on record. He deposed that, on 30.10.2022 the deceased was travelling from Solapur to Renigunta Railway Station by Train no. 22159 Chennai Express. During the journey on 31.10.2022 when the train halted at Raichur railway station the deceased was alighting to get water suddenly the spe
