Advocates:
['RAHUL KR GUPTA ALIAS RAHUL GUPTA', '', 'DWARIKA PRASAD', 'NIYATI SAH', 'AKASH BHUSHAN', 'AKSHAY VERMA', 'ACHINTO SEN', 'MAHESH TEWARI', '', 'GAUTAM RAKESH']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

M.A No. 151 of 2016

------

1. Sri Basant Ram

2. Sri Surendra Ram

…. …. Appellant(s).

Versus

Union of India represented through G.M Eastern Railway …. …. Respondent(s)

------

CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

------

For the Appellant(S) : Mr. Akash Bhushan, Advocate

Mr. Rahul Kumar Gupta, Advocate

For the Respondent

: Mr. Parth Jalau, AC to ASGI

14/18.07.2022

The appellants herein are the claimants, who are challenging the judgment

dated 17.12.2015 passed by Railway Claim Tribunal, Ranchi passed in Case No.

OA (IIU)/RNC/2010/0111.

2.

By the aforesaid judgment, the Tribunal has dismissed the claim

application of the claimants holding that the act of the deceased was premeditated,

reckless and imprudent, violating all safety norms demanded during travel in train.

Thus, the claimants are not entitled to get any benefit.

3.

The wife of the claimant no.1 was travelling in a passenger train on

26.4.2007 along with claimant no.2. It is the case that they were travelling with

ordinary second class ticket which got misplaced after the incident. It is their case

that when the train reached near Daltonganj station at 11.00 hrs. at night, the train

was moving slowly, both of them lost their balance and fell down on platform

no.2. Both of them received injuries but the mother who was old and weak, died.

4.

Claimants filed an application praying for compensation. Both the

claimants appeared as a witness. Surerndra Ram A.W.2, who was the son of the

deceased was travelling with his mother, deposed that due to heavy rush in train

his mother slipped while she was de-boarding the train and fell down on the track

in between train and platform and suffered injuries. The Tribunal thereafter held

that the act was premeditated, reckless and imprudent, violating all safety norms

demanded during train travel, thus this act is not covered under the definition of

<untoward incident= rather is an exception which is carved out in the proviso of

Section 124A of the Railways Act. As per the Tribunal since the injury is self-

inflicted the claimants are not entitled to receive any benefit.

-2-

5.

Challenging the aforesaid award the counsel submits that by virtue of the

judgment of the Hon’ble Supreme Court of India in the case of Union of India

Vrs. Rina Devi reported in (2019) 3 SCC 572 specially paragraph no.25, the

claimants are entitled for compensation. He submits that even if the deceased’s

act is rash and negligent, the concept of contributory negligence cannot be applied

while claiming compensation under Section 124A of the Railways Act, which in

fact in the nature of <no fault liability=. He further submits that admittedly he has

filed affidavit stating that the deceased was a bonafide passenger with a valid

ticket and once the burden has been discharged by the claimants, it was the duty

of the railways to come forward with evidence contradicting the same but they

have failed to do so. He submits that in view of paragraph no.29 of the judgment

Rina Devi (Supra) the claimants had already discharged the initial burden which

was upon them, since the railways has failed to discharge the burden which was

shifted upon them, it will be presumed that the deceased was a travelling with a

valid ticket and was a bonafide passenger.

6.

Counsel for the railways submits that the injury is definitely self-inflicted

as it was gross negligence of the deceased which caused the accident. He submits

that if an accident is caused because of the negligence of the deceased, the same

can be termed as <self-inflicted injury=. It is his case that knowing fully well that

injury can be caused if a person tries to de-board even from a slow moving train,

the deceased undertook the said exercise, which resulted in injury and later death

of the deceased. He submits that as per the judgment of Hon’ble Gujarat High

Court th