Judgment :

AFTAB ALAM, J.

1. On June 23, 1997, the GRP found the dead body of a male person at Magarwara Railway Station. From the pockets of the deceased, the police recovered a telephone number, a railway ticket bearing no.35810970, dated June 21, 1997 and a receipt showing payment of excess fare for travelling in a sleeper coach. Information about the discovery of the dead body was given on the phone number and then it came to light that he was a certain M. Hafeez, the husband of appellant no.1 and the father of appellant nos.2-5.

2. The appellants filed a claim case (OA 9700059) before the Railway Claims Tribunal, Lucknow Bench, claiming a compensation of Rs.11,11,000.00 (rupees eleven lakhs and eleven thousand only) under the Railways Act, 1989 (hereafter "the Act") for the death of M. Hafeez. In the claim application, it was stated that the deceased was travelling from Ahmedabad to Lucknow by Awadh Express (Train No.5064) on a valid ticket and he fell down from the train at or near Magarwara Railway Station in an untoward incident resulting in his death. The applicants' claim was contested by the General Manager, Northern Railway. The reply filed on his behalf is not on record, but from the Tribunal's order it appears that in the reply the death of M. Hafeez and the validity of the ticket found in his pocket were admitted. It was, however, stated that according to the railway records, no accident of any kind took place between Kanpur and Lucknow on June 23, 1997 and it appeared that the deceased fell down from the running train due to his own negligence. There was no negligence on the part of the railway. Further, that the applicants had not filed any proof of the accident.

3. In view of the respective stands of the parties, the Tribunal framed the issue, whether the applicants were able to prove that the death of M. Hafeez was due to an "untoward incident" as defined under section 123 of the Railways Act. On a consideration of the materials brought before it, the Tribunal found and held that the claimant had proved that the death of M. Hafeez was due to an "untoward incident" as defined under section 123 of the Act. The Tribunal, then, proceeded to consider the amount of compensation to which the applicants were entitled and found and held that under the Railway Accident (Compensation) Rules, 1990 (as it stood at the time of the accident), the maximum compensation in case of death was Rs.2,00,000.00 (rupees two lakhs only). The applicants were, therefore, entitled to the aforesaid amount only and not anything in excess of it, as claimed by them. It, accordingly, passed its order.

4. Against the judgment and order passed by the Tribunal, the Railways preferred an appeal (FAFO No.277 of 1999) before the Lucknow Bench of the Allahabad High Court. A division bench of the High Court by judgment and order dated November 6, 2001 allowed the appeal and set aside the Tribunal's order. Before the High Court, reliance was placed on behalf of the Railway on the proviso to section 124A of the Act which provides that no compensation will be payable under that section by the railway administration if the passenger died or suffered injury due to (a) suicide or attempted suicide by him, (b) self-inflicted injury or (c) his own criminal act. A reference was also made to section 154 of the Act which provides that if any person does any act in a rash and negligent manner, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon any railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. It was further contended on behalf of the Railway that the deceased M. Hafeez who was travelling in a negligent manner was standing at the door from where he fell down near the Magarwara Railway Station, where the train does not stop. (It needs to be pointed out that this contention could only be based on specul