As per case facts, appellants sought compensation for the death of Mr. Eknath Gangaram Suryavanshi, who allegedly fell from a running train, claiming he was a bona fide passenger despite ...
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1172 OF 2022
1)SHRI.GANGARAM DALA SURYAVANSHI)
AGE – 73 YEARS, RESIDING AT )
C/O. BABULAL DALA SURYAVANSHI, )
PRATHAMESH APARTMENT, ROOM NO. 202,)
POKHARKAR NAGAR, BADLAPUR, )
DIST. - THANE )
2)SMT. KALA GANGARAM SURYAVANSHI)
AGE – 65 YEARS, RESIDING AT ABOVE ADDRESS)
3)MASTER CHETAN EKNATH SURYAVANSHI)
AGE – 21 YEARS, RESIDING WITH HIS )
GRANDFATHER AND NATURAL APPLICANT NO.1)
ABOVE )
4)MISS SONALI EKNATH SURYAVANSHI )
AGE – 18 YEARS, RESIDING WITH HER )
GRANDFATHER AND NATURAL GUARDIAN )
APPLICANT NO.1 ABOVE )….. APPELLANTS
VERSUS
UNION OF INDIA, )
THROUGH THE GENERAL MANAGER, )
CENTRAL RAILWAY, CSMT, MUMBAI – 400 001)….. RESPONDENT
Adv. Mohan Rao for the Appellants.
Adv. T. J. Pandian a/w. Adv. Gautam Modanwal, Adv. Prasad Sawant,
Adv. T. C. Subramanian for the Respondent.
CORAM : RAJESH S. PATIL, J.
RESERVED ON : 8 MAY, 2026
PRONOUNCED ON : 12 JUNE, 2026
KANCHAN
VINOD
MAYEKAR
Digitally signed
by KANCHAN
VINOD
MAYEKAR
Date:
2026.06.12
16:47:06
+0530
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JUDGMENT :
1) The present First Appeal has been filed by the Original
Claimants u/s. 23 of the Railway Claims Tribunal Act, 1987,
challenging the impugned Judgment and Order dated 23.07.2021,
passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai (for
short “The Tribunal”), dismissing the Claim Application No.
OA (II u)/MCC/0612/2013.
2) The Appellants filed Claim Application before the
Tribunal for granting compensation on account of death of Mr. Eknath
Gangaram Suryavanshi, who died in the Railway untoward incident
on 25.01.2013. It was the case of the Appellants that on 25.01.2013,
Mr. Eknath Gangaram Suryavanshi while travelling in the local train
from Karjat to Badlapur Railway Station, he accidentally fell down
from the running train between Vangani and Badlapur Railway Station
at Km No.68/24-23, and sustained grievous injuries due to which he
died. It was submitted that the deceased was travelling as a
bonafide
passenger, on the strength of a Second Class Railway ticket but the
same was lost in the incident. It was further submitted that the
alleged incident is covered under the ambit of an “untoward incident”
and the deceased was a
bonafide passenger.
3) The Railway contested the Claim Application by filing
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their written statement and they raised an objection that there was no
untoward incident within the meaning of Section 123(c)(2) of the
Railways Act, 1989.
4) On behalf of the Appellants, Appellant No. 3 entered the
witness box. He was cross examined by learned Counsel for the
Respondent – Railway. On behalf of the Respondent – Railway, Mr. T.
N. Adhikari, Deputy Station Manager, at Kalyan Station, filed its
Affidavit dated 10.12.2020. He was cross examined by Advocate for
the Claimant.
5) The Tribunal after hearing the parties by it’s Judgment
and Order dated 23.07.2021 dismissed the Claim Application No.
OA (II u)/MCC/0612/2013, on the grounds that the deceased was not
a “
bonafide passenger” and that the incident does not fall within the
meaning of ‘untoward incident’ as defined u/S. 123(c)(2) of the
Railways Act, 1989.
6) Being dissatisfied with the Judgment and Order dated
23.07.2021 passed by the Tribunal, the Original Claimants have filed
the present Appeal.
7) The following points arise for determination which are as
follows :-
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(a) Whether interference is required in the impugned
Judgment and Order dated 23.07.2021 passed by the Tribunal ?
(b) Whether the deceased was a
bonafide passenger of the
train, in question, at the time of the incident ?
(c) Whether the death of the deceased was occurred as a
result of an untoward incident ?
(d) Whether the Appellants prove that they are the
dependents of the deceased within the meaning of Section
123(b) of the Railways Act ?
(e) Whether any compensation is payable to the Appellants,
being the dependent of the deceased ? And interest (if any)
payable.
8) I have heard learned Counsel of both sides and with their
help I have gone through the documents on record.
POINT – (b):- Bonafide Passenger :-
9) In the present proceeding, as per the Inquest Panchnama
dated 25.01.2013, there was no valid ticket or pass recovered from
the possession of the deceased. However, the Appellant No.3 has duly
filed an affidavit stating, that his father (now deceased) was holding a
valid Second Class Railway ticket and while travelling from Karjat to
Badlapur, his father accidentally failed down from the train, sustained
grievous injuries and died.
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10) Section 124-A of the Railways Act reads as under :-
“124-A. Compensation on account of untoward incidents. When in
the course of working a railway an untoward incident occurs, then
whether or not there has been any wrongful act, neglect or default
on the part of the railway administration such as would entitle a
passenger who has been injured or the dependent of a passenger
who has been killed to maintain an action and recover damages in
respect thereof, the railway administration shall, notwithstanding
anything contained in any other law, be liable to pay compensation
to such extent as may be prescribed and to that extent only for loss
occasioned by the death of, or injury to, a passenger as a result of
such untoward incident:
Provided that no compensation shall be payable under this section
by the railway administration if the passenger dies or suffers injury
due to-
(a) suicide or attempted suicide by him;
(b) self-inflicted injury;
(c) his own criminal act ;
(d) any act committed by him in a state of intoxication or
insanity,(e) any natural cause or disease of medical or
surgical treatment unless such treatment becomes
necessary due to injury caused by the said untoward
incident.
Explanation. - For the purposes of this section, "passenger"
includes
(i) a railway servant on duty, and
(ii) a person who has purchased a valid ticket for travelling,
by a train carrying passengers, on any date or a valid
platform ticket and becomes a victim of an untoward
incident.”
11) Section 2(29) defines “passengers” as follows :-
Section 2(29) “passenger” means a person travelling with a valid
pass or ticket.”
12) The Supreme Court in the case of Union of India vs. Rina
Devi
1
held in paragraph 29, it was held that mere absence of ticket
1 (2019) 3 SCC572
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would not negate the claim that the deceased was a
bonafide
passenger, the victim’s legal heirs can discharge the burden of
bonafide passenger by filing their requisite Affidavit where they will
give details of the fact that the victim had purchased Railway ticket
and hence, he was the
bonafide passenger at the time of the accident
had occurred. Paragraphs 19, 25, 29 and 30 read as under:-
“19. Accordingly, we conclude that compensation will be payable as
applicable on the date of the accident with interest as may be
considered reasonable from time to time on the same pattern as in
accident claim cases. If the amount so calculated is less than the
amount prescribed as on the date of the award of the Tribunal, the
claimant will be entitled to higher of the two amounts. This order
will not affect the awards which have already become final and
where limitation for challenging such awards has expired, this order
will not by itself be a ground for condonation of delay. Seeming
conflict in Rathi Menon and Kalandi Charan Sahoo stands explained
accordingly. The four-Judge Bench judgment in Pratap Narain Singh
Deo holds the field on the subject and squarely applies to the
present situation. Compensation as applicable on the date of the
accident has to be given with reasonable interest and to give effect
to the mandate of beneficial legislation, if compensation as provided
on the date of award of the Tribunal is higher than unrevised
amount with interest, the higher of the two amounts has to be given.
25. We are unable to uphold the above view as the concept of "self-
inflicted injury" would require intention to inflict such injury and not
mere negligence b of any particular degree, Doing so would amount
to invoking the principle of contributory negligence which cannot be
done in the case of liability based on "no fault theory". We may in
this connection refer to the judgment of this Court in United India
Insurance Co. Ltd. v. Sunil Kumar laying down that plea of
negligence of the victim cannot be allowed in claim based on "no
fault theory" under Section 163-A of the Motor Vehicles Act, 1988.
Accordingly, we hold c that death or injury in the course of boarding
or de-boarding a train will be an "untoward incident" entitling a
victim to the compensation and will not fall under the proviso to
Section 124-A merely on the plea of negligence of the victim as a
contributing factor.
29. We thus hold that mere presence of a body on the railway
premises will not be conclusive to hold that injured or deceased was
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a bona fide passenger for which claim for compensation could be
maintained. However, mere absence of ticket with such injured or
deceased will not negative the claim that he was a bona fide
passenger. Initial burden will be on the claimant which can be
discharged by filing an affidavit of the relevant facts and burden will
then shift on the Railways and the issue can be decided on the facts
shown or the attending circumstances. This will have to be dealt with
from case to case on the basis of facts found. The legal position in
this regard will stand explained accordingly.
30. As already observed, though this Court in Thazhathe Purayil
Sarabils held that rate of interest has to be 6% from the date of
application till the date of the award and 9% thereafter and 9% rate
of interest was awarded from the date of application in Mohamadi,
rate of interest has to be reasonable rate on a par with accident claim
cases. We are of the view that in absence of any specific statutory
provision, interest can be awarded from the date of accident itself
when the liability of the Railways arises up to the date of payment,
without any difference in the stages. Legal position in this regard is
on a par with the cases of accident claims under the Motor Vehicles
Act, 1988. Conflicting views stand resolved in this manner.”
(Emphasis supplied)
13) The Single Judge of this Court in the Judgment of
Pinto
Promothonath Sen and another vs. Talle Shubham Ashokrao and
another
2
while dealing with similar facts wherein the body of the
deceased was cut into two pieces has held that the deceased was a
bonafide passenger as initial burden of proof of the Applicant was to
assert that the deceased was having a valid ticket and once such
Affidavit was filed the burden stands discharged and onus shifts on the
Railways and as the Claimants’ evidence went un-controverted, the
death was held to be caused in an untoward incident. It was also
observed that considering the Judgment of Supreme Court in
Rina
2 2025 SCC OnLine Bom 280
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Devi (supra) wherein the Supreme Court after considering various
decisions on the subject has held that the concept of self inflicted
injury would require intention to inflict such injury and not mere
negligence of any particular degree. Paragraphs 15, 19 and 20 read as
under:-
“15. In the cross-examination, there is not even a suggestion given by
the Railways that the deceased did not have a valid railway ticket and
was therefore not a bonafide passenger. The initial burden of the
Applicant was to assert that the deceased was having valid ticket and
once such assertion finds place in the affidavit the initial burden
stands discharged and the onus then shifts on the railways. The
evidence of the Applicant No. 1 has gone un-contraverted as regards
the deposition of the purchase of the railway ticket by the deceased
and the deceased must be held to be a bonafide passenger. Point no. 1
is accordingly answered in favour of the Applicants.
19. In the present case, the station master's memo does not record
any information being given by any motorman of having knocked
down any person which was the bounden duty of the railway servant
as per Rule 3 of the Rules of 2003. The information given to the
police infact records that on 5th October, 2013 written memo was
given that the deceased was lying between Vitthalwadi and Ulhas
Nagar railway station near railway K.M. 56/36 in two pieces of body.
It is therefore clear that the deceased was found lying near the
railway track and no information was given by any motorman that
the train had knocked down some person who was crossing the
railway track. There is no evidence led by Railways of any guard or
motormen to establish that the deceased was knocked down while
crossing the tracks.
20. It is the case of the Railways that it is self inflicted injury and has
occurred due to carelessness and negligence of the Applicant. In the
case of Union of India v. Rina Devi (supra) the Apex Court examined
the concept of self inflicted injury and after considering the various
decisions on the subject held that the concept of self inflicted injury
would require intention to inflict such injury and not mere negligence
of any particular degree. It further approved the view taken in the
case of United India Assurance Company Ltd. v. Sunil Kumar that the
plea of negligence of the victim cannot be allowed in claim based on
no fault theory under Section 163-A of the Motor Vehicles Act, 1988.”
(Emphasis Supplied)
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14) In the present case, the averments made in the Affidavit
of the Appellant No. 3 are in consonance with the ratio laid down by
the Supreme Court in paragraph No. 29 of Rina Devi’s (supra)
Judgment. So also, considering the findings recorded by the learned
Tribunal which according to me, are totally perverse in view of the
latest Supreme Court judgment on the same issue.
15) Hence, point – (b) is answered in Affirmative in favour of
the Appellants and it is held that the deceased was a
bonafide
passenger.
Point – (c) UNTOWARD INCIDENT :-
16) Section 123(c)(2) of The Railways Act, 1989 defines the
term “untoward incident”. Sec. 123(3)(c) reads as under:-
123. Definitions.—In this Chapter, unless the context
otherwise requires,—
(a)….
(b)….
(c)“untoward incident” means—
(1) ….
(2) the accidental falling of any passenger
from a train carrying passengers.
17) In the present proceeding, the Inquest Panchnama dated
25.01.2013, records the injuries sustained by the deceased as
amputation of head from the chest region, separation of the right
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hand from the shoulder, body cut from chest to stomach, palm is
broken, left leg thigh fracture and bone came out.
17.1) It further records that the deceased while crossing the
railway line, was knocked down by an unknown train or fell down and
sustained amputation of the head, resulting in death on the spot.
However, there is admittedly no eyewitness to the incident. Therefore,
the case necessarily has to be adjudicated on the basis of
circumstantial evidence and the documents on record.
17.2) Further, in the written statement filed by the Railways, it
is contended that the deceased was found lying on the railway tracks
and no journey ticket was recovered from the body. On that basis, the
Railways have alleged that the incident was a case of trespassing upon
the railway tracks and the deceased, by his own negligence and
carelessness, invited the disaster himself.
17.3) The Deputy Station Master in his affidavit as well as in
deposition stated that he himself visited the site and found the
deceased cut into two pieces. However, the memo mentions
“trespassing and hit by unknown train” as reason for the incident.
17.4) The Appellant No.3 (AW-1) has specifically deposed that
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his father’s friend had witnessed the deceased boarding in the train
for his journey from Karjat to Badlapur.
17.5) It is submitted that mere nature of injuries cannot by
itself lead to any interference of trespass or self-inflicted injuries. The
observations recorded in the Inquest Panchnama and Memo only
indicate the condition in which the deceased was found. Such
observations cannot substitute proof of the manner in which the
incident actually occurred.
18) As per the prescribed procedure, information regarding
the accident is first to be reported to the Station Master and the
Station Master’s memo must record that the deceased was hit by an
unknown train while trespassing. The Railway Passengers (Manner of
Investigation of Untoward Incidents) Rules, 2003 provides that any
railway servant, including guard and driver of the train, upon
becoming aware of the occurrence of an untoward incident shall
report the same to the nearest station Superintendent.
19) In the present case, the Station Master’s memo does not
record receipt of any information from the motorman regarding any
person having been knocked down by a train, despite such reporting
being the bounden duty of a Railway servant under Rule 3 of the
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Railway Passengers (Manner of Investigation of Untoward Incidents)
Rules, 2003. This circumstance indicates that the deceased was merely
found lying near the Railway track and there was no report to that
effect by any motorman stating that a train had struck a person while
crossing the Railway track. Furthermore, no evidence has been led by
the Railways through examination of any guard, motorman or other
Railway personnel to establish that the deceased was knocked down
while crossing the tracks.
20) The Supreme Court in the case of Jameela & ors. vs.
Union of India
3
while considering the fact that the deceased was
standing at the open door of running train compartment when he fell
down, the Court held that it may be an act of negligence of deceased,
however, the Railway would be liable to pay compensation. In
paragraph 9, it held that, negligence is not the same thing as a
Criminal Act mentioned in clause (c) to the proviso to Section 124-A.
Criminal act envisaged under clause (c) must have an element of
malicious intent or
mens rea. Therefore, standing at the open doors of
the compartment of a running train may be a negligent Act, even a
rash act but without anything else, it is certainly not a Criminal Act.
Thus, the case of the Railway must fail even after assuming everything
3 AIR 2010 SC 3705
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in its favour. Paragraph 9 reads as under:-
“9. The manner in which the accident is sought to be
reconstructed by the Railway, the deceased was standing at the open
door of the train compartment from where he fell down, is called by
the railway itself as negligence. Now negligence of this kind which is
not very uncommon on Indian trains is not the same thing as a
criminal act mentioned in clause (c) to the proviso to section 124A. A
criminal act envisaged under clause (c) must have an element of
malicious intent or mens rea. Standing at the open doors of the
compartment of a running train may be a negligent act, even a rash
act but, without anything else, it is certainly not a criminal act. Thus,
the case of the railway must fall even after assuming everything in its
favour.”
(Emphasis supplied)
21) The Supreme Court in the case of
Union of India vs.
Prabhakaran Vijaya Kumar & Ors.
4
held that it will not legally make
any difference whether the deceased was actually inside the train
when she fell down or whether she was only trying to get into the
train when she fell down. In either case it amounts to an “accidental
falling of a passenger from a train carrying passengers”. Therefore, it
is within the definition of ‘untoward incident’ as per Section 123(c) of
the Railways Act.
22) Further, it was held that if the words used in a beneficial
or welfare statute are capable of two constructions, the one which is
more in consonance with the object of the Act and for the benefit of
the person for whom the Act was made should be preferred. In other
4 2008 ACJ 1895
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words, the beneficial and welfare statutes should be given a liberal
and not literal or strict interpretation. The expression “accidental
falling of a passenger from a train carrying passengers” including
accidents when a
bonafide passenger is trying to enter into a Railway
train and falls down during the process. Section 124-A lays down strict
liability or no fault liability in case of Railway accidents. Hence, if a
case comes within the purview of Section 124-A, it is wholly irrelevant
as to who was at fault. Paragraphs 10, 12, 14 and 17 read as under:-
“10. We are of the opinion that it will not legally make any
difference whether the deceased was actually inside the train when
she fell down or whether she was only trying to get into the train
when she fell down. In our opinion in either case it amounts to an
‘accidental falling of a passenger from a train carrying passengers’.
Hence, it is an ‘untoward incident’ as defined in section 123(c) of the
Railways Act.
12. It is well settled that if the words used in a beneficial or
welfare statute are capable of two constructions, the one which is
more in consonance with the object of the Act and for the benefit of
the person for whom the Act was made should be preferred. In other
words, the beneficial or welfare statutes should be given a liberal and
not literal or strict interpretation.
14. In our opinion, if we adopt a restrictive meaning to the
expression ‘accidental falling of a passenger from a train carrying
passengers’ in section 123 (c) of the Railways Act, we will be
depriving a large number of railway passengers from getting
compensation in railway accidents. It is well-known that in our
country there are crores of people who travel by the railway trains
since everybody cannot afford travelling by air or in a private car. By
giving a restrictive and narrow meaning to the expression we will be
depriving a large number of victims of train accidents (particularly
poor and middle class people) from getting compensation under the
Railways Act. Hence, in our opinion, the expression 'accidental falling
of a passenger from a train carrying passengers' includes accidents
when a bona fide passenger, i.e., a passenger travelling with a valid
ticket or pass is trying to enter into a railway train and falls down
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during the process. In other words, a purposive, and not literal,
interpretation should be given to the expression.
17. Section 124-A lays down strict liability or no fault liability in
case of rail-way accidents. Hence, if a case comes within the purview
of section 124-A it is wholly irrelevant as to who was at fault.”
(Emphasis supplied)
23) The Single Judge of this Court in the Judgment of Mr.
Sadashiv Ramappa Kotiyan Vs. Union of India
5
while considering facts
where the body was cut into two pieces, has held that in absence of
expert evidence, the tribunal should not have rendered its personal
opinion while adjudicating the claim. The contentions of the Railways
could not have been accepted. The tribunal based on the injury held
that such grievous injury could not be sustained after having fallen
down from the train, whereas it needs to be noted that injuries have
to be considered in overall circumstances. Paragraph 16 of the
Judgment reads as under :-
“16. In paragraph 13 of the impugned Judgment, the Tribunal
observed and I quote;
“It is also worth mentioning that when a person falls down from the
running train, his/her body will fall away, where as in this case the
deceased body – had been cut into two pieces and was laying in the
tracks. This circumstantial evidence indicates that deceased was
crossing the railway track and was not run over by a local train”.
There was no evidence of an expert before the Tribunal to opine
as to under what circumstances a person’s body would cut into two
pieces and when it would not. The Tribunal should not have rendered
it’s personal opinion while adjudicating the claim under the present
Statute. Since the provision for compensation in the Railways Act is a
beneficial piece of Legislation, it should receive liberal and wider
interpretation and not narrow and technical one. It should advance
5 First Appeal No.658/2018 decided on 15/3/2021.
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the object of the Statute.”
(Emphasis Supplied)
24) The Single Judge of this Court in the Judgment of Vidya
wd/o Dyaneshwar Wankhede and others vs. Union of India
6
has held
that the observation of the tribunal that the death of the deceased is
not possible by falling from the train merely because he was cut into
pieces, is completely unjustified and misconceived conclusion. The
Court further observed that it is not uncommon for a passenger’s body
to be badly cut or crushed if they fall and become entangled in the
train’s wheels. Paragraph 16 of the Judgment reads as under:-
“16. In the present case, there was no eyewitness to the incident in
question. The deceased was resident of Dhamangaon, district
Amravati. The Railway Ticket found with deceased shows that he had
obtained a Railway Ticket to proceed to Ijapur, district Wardha. The
Railway Administration has not adduced any evidence to show that the
deceased has attempted to commit suicide. On the contrary, the
admission given by the witness examined by the Railway
Administration shows that he had not received any information about
suicide or dash by any train to any person. Thus, the Railway
Administration has not adduced any evidence to show that the
deceased, while crossing the railway track, was dashed by the train
and he sustained injuries and his body was cut into two pieces. The
Railway Administration has also not adduced any evidence to show
that the deceased has attempted to commit suicide. Therefore, the
conclusion of learned Member of the Tribunal that the nature of
injuries shows that it is the case of the deceased coming under the
wheels of the train is once again misconceived conclusion because
types of injuries along with other facts pertain to decide whether the
accident is of a fall from the train or injuries were on account of a
person being run over by the train. It is not unknown that a body may
badly cut up and crush up after falling from the train either on account
of bonafide passenger getting entangled in the place of the train and
thereafter in the wheels or the other equipment of the train in which
he was travelling or that the deceased on account of fall from the train
6 First Appeal No.1710/2019 decided on 24/2/2023.
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dashed by the various equipment of the railways which are joined to
the tracks, such as polls, singles, wires etc. Therefore, in the facts of
the present case, the observation of the tribunal that the death of the
deceased is not possible by felling from the train merely because he
was cut into pieces, is completely unjustified.”
(Emphasis Supplied)
25) The Single Judge of this Court in the Judgment of Motilila
wd/o. Pruthviraj Gajbhiye and others vs. Union of India
7
while dealing
with the fact that the deceased went to Railway station with a valid
platform ticket to receive his son but was struck by another train and
died on the spot, has held that the deceased was a
bonafide passenger
and his death constituted an untoward incident.
26) Considering the evidence led in the present proceeding
and law as laid down by the Supreme Court and the High Court in
various Judgments discussed above, the ratio laid in the said
Judgments are squarely applicable to the present proceedings. Hence,
this First Appeal deserves to be allowed. Interference is required in the
impugned Judgment and Order.
27) The Point for determination (c) is answered in Affirmative
in favour of the Appellants.
Point – (d):- DEPENDENTS :-
28) The Appellant No.1 in its claim application has mentioned
7 2023 2023 (3) Mh.L.J. 537
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that the deceased was his son and the Appellant No.2 is the mother of
the deceased. The Appellant Nos. 3 and 4 are the children of the
deceased. The Appellants have also filed a copy of election card,
school identity cards, bank passbooks alongwith the Death Certificate
of the deceased to prove their relationship with the deceased. There is
no evidence to the contrary led by the Railways.
28.1) Thus it is held that the Appellants, being the father,
mother and children of the deceased, under Section 123(b) of the
Railways Act, 1989, are the dependents of the deceased. Hence, the
Point for determination (d) is answered in Affirmative in favour of the
Appellants.
29) Considering the date of the accident i.e. 25.01.2013, the
provisions of the Railway Accidents and Untoward Incidents
(Compensation) Rules, 1990, as they stood prior to 01.01.2017, would
be applicable, and the compensation payable for death would be
Rs.4,00,000/-.
30) The Supreme Court in the Judgment of Rina Devi (supra)
in paragraph No. 30 has held that, interest will be payable from the
date of the accident. Having regard to the legal position, which is held
to be on par with claims under the Motor Vehicles Act, 1988, interest
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@ 9% p.a. (i.e. Rs.36,000/- p.a. or Rs.3,000/- per month) appears to
be just and reasonable. It is well settled that Section 124A of the
Railways Act is a beneficial piece of legislation. The Rules of 1990 are
framed in exercise of the powers conferred by the Railways Act, 1989.
31) Taking into account the date of the Award i.e.
23.07.2021, which is subsequent to the amendment to the said Rules
of 1990 in the year 2016 (whereby the compensation payable for
death has been revised to Rs.8,00,000/-), paragraph 18 of Rina Devi
(supra) would apply. Accordingly, a comparison between the two
amounts is required to be made, and the higher of the two amounts is
liable to be awarded, this being under a beneficial piece of legislation.
The date of the incident is 25.01.2013 and the amount as
compensation as claimed on that date was Rs.4,00,000/-. The Award
was passed by the Tribunal on 23.07.2021. By that time, the
compensation payable pursuant to the amended Rules was enhanced
to Rs.8,00,000/-. However, considering the interest from the date of
accident till today on Rs.4,00,000/- @ 9% would be Rs.4,83,000/-.
The total amount as of today would be Rs.8,83,000/-. As per the ratio
of the Judgment of Rina Devi (supra), the higher of the two amounts
is Rs.8,83,000/-.
KVM
20/20
FA 1172 OF 2022.doc
O R D E R
(A) The First Appeal stands allowed and the impugned
Judgment and Order dated 23.07.2021 is hereby quashed
and set aside;
(B) The claim of the Appellants stands allowed to
Rs.8,83,000/-. As the Appellants are four, being father,
mother, son and daughter of the deceased, being the
dependents, the said amount be equally distributed between
them;
(C) The said amount of Rs.8,83,000/- be deposited by
the Railways in bank account of Appellants within a period
of eight weeks from the date when the Appellants furnish
the bank details to the Chief Claim Officer, Central Railway;
(D) If the said amount is not deposited in their Bank
accounts within a stipulated period, it will carry further
interest @ 9% p.a. till time of the payment.
32) The First Appeal stands disposed of accordingly.
33) All concerned to act on the authenticated copy of this
Order.
(RAJESH S. PATIL, J.)
The Bombay High Court recently delivered a significant judgment in a case concerning Railway Claims Tribunal Appeals and compensation for Untoward Railway Incidents Compensation. This ruling, now available on CaseOn, overturns a prior decision by the Railway Claims Tribunal, Mumbai Bench, highlighting crucial aspects of passenger rights and the interpretation of railway accident claims. It sets important precedents for how accidental deaths on railway premises are viewed and adjudicated, especially regarding the status of a 'bonafide passenger' and the definition of an 'untoward incident' under the Railways Act, 1989.
The case revolved around the tragic death of Mr. Eknath Gangaram Suryavanshi, who, on January 25, 2013, allegedly fell from a running local train between Karjat and Badlapur, succumbing to grievous injuries. His family, the appellants, sought compensation from the Railways, asserting he was a 'bonafide passenger' with a valid ticket (lost in the incident) and that his death resulted from an 'untoward incident.'
The Railway Claims Tribunal, however, dismissed their claim. It concluded that Mr. Suryavanshi was not a 'bonafide passenger' due to the absence of a recovered ticket and that the incident did not qualify as an 'untoward incident' as per the Railways Act, 1989. This led the family to appeal to the High Court.
Central to this appeal are Sections 123 and 124-A of the Railways Act, 1989. Section 124-A outlines the railway administration's "no-fault" liability to pay compensation for 'untoward incidents,' even in the absence of wrongful act or negligence on their part. It also specifies exceptions where compensation is not payable (e.g., suicide, self-inflicted injury, criminal act). Crucially, the Explanation to Section 124-A and Section 2(29) define a "passenger" to include a person who has purchased a valid ticket for travelling. Section 123(c)(2) specifically defines an "untoward incident" to include "the accidental falling of any passenger from a train carrying passengers."
The High Court extensively referred to the Supreme Court's pronouncement in Union of India vs. Rina Devi (2019). This landmark judgment clarified that mere absence of a ticket does not automatically negate a claim of being a bonafide passenger. The initial burden lies with the claimant, who can discharge it by filing an affidavit stating the victim had a valid ticket. The burden then shifts to the Railways to disprove this.
The judgment also relied on Jameela & ors. VS. Union of India (2010) and Union of India vs. Prabhakaran Vijaya Kumar & Ors. (2008). These cases established that standing at an open door or even trying to board a running train, while negligent, does not equate to a "criminal act" or "self-inflicted injury" as per the exceptions in Section 124-A. The courts emphasized a liberal and beneficial interpretation of these welfare statutes, holding that "accidental falling of a passenger from a train carrying passengers" encompasses scenarios where a bonafide passenger falls while trying to enter or is already inside.
The High Court found the Tribunal's decision on the 'bonafide passenger' issue to be perverse. Applying the Rina Devi principle, the court accepted the affidavit filed by the deceased's son (Appellant No. 3), which stated that Mr. Suryavanshi had a valid Second Class Railway ticket. Since the Railways offered no contrary evidence, the burden shifted, and the court held that the deceased was indeed a bonafide passenger.
Regarding the 'untoward incident,' the Railways argued trespassing and self-negligence, pointing to the nature of injuries (body cut into two pieces) and the absence of a ticket. However, the High Court referenced prior judgments like Pinto Promothonath Sen (2025), Sadashiv Ramappa Kotiyan (2021), and Vidya Wankhede (2023). These rulings firmly establish that the nature of grievous injuries, even dismemberment, does not preclude a fall from a train, especially when no expert evidence supports the Railways' claim of trespassing or a train striking someone crossing tracks. The court noted the absence of a motorman's report, which is a bounden duty under the Railway Passengers Rules, 2003, further weakening the Railways' defense. It reiterated that negligence, however rash, does not constitute a criminal act or self-inflicted injury under Section 124-A.
CaseOn.in offers concise 2-minute audio briefs for rulings just like this, enabling legal professionals to quickly grasp the nuances of complex judgments and their practical implications, ensuring they stay ahead in their practice.
The appellants (father, mother, son, and daughter of the deceased) provided documents like election cards, school identity cards, bank passbooks, and the death certificate, clearly establishing their relationship and dependency. The Railways offered no counter-evidence, leading the High Court to affirm their status as dependents under Section 123(b) of the Railways Act.
Considering the incident date (January 25, 2013), the compensation rules prior to January 1, 2017, applied, setting the compensation at Rs. 4,00,000/-. However, following Rina Devi, which mandates awarding the higher of the original compensation with interest or the revised compensation at the time of the award, the court calculated interest at 9% per annum on Rs. 4,00,000/- from the date of the accident until the Tribunal's award date (July 23, 2021). This amounted to Rs. 4,83,000/- in interest. Adding the principal, the total came to Rs. 8,83,000/-, which was higher than the revised compensation of Rs. 8,00,000/-.
The High Court allowed the First Appeal, quashing and setting aside the Tribunal's order. It affirmed that Mr. Eknath Gangaram Suryavanshi was a bonafide passenger and his death was an 'untoward incident.' The appellants were confirmed as dependents, and the Railways were directed to deposit a total compensation of Rs. 8,83,000/- within eight weeks, to be equally distributed among the four dependents. Failure to deposit within the stipulated time would incur further interest at 9% per annum.
This judgment serves as a vital precedent for legal practitioners dealing with railway accident claims. It reinforces the 'no-fault' liability principle under Section 124-A and clarifies the evidential burden for proving 'bonafide passenger' status, especially when tickets are lost. Furthermore, it firmly rejects attempts by railway authorities to categorize accidental falls as 'trespassing,' 'self-inflicted injury,' or 'criminal acts' based solely on the nature of injuries or lack of direct evidence, underscoring the beneficial and liberal interpretation mandated for such welfare legislation. For lawyers and students, it's a clear illustration of how higher courts scrutinize and correct tribunals' misinterpretations of law and evidence, particularly in cases involving vulnerable claimants.
All information provided in this article is for informational purposes only and does not constitute legal advice. Readers should consult with a qualified legal professional for advice on specific legal issues.
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