As per case facts, the appellants, who are the wife and son of the deceased, filed a claim for compensation following the death of Mr. Bhaskar Balu Patil in a ...
37. FA 1266-2022 (J).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1266 OF 2022
1.Smt. Satyabhama Bhaskar Patil ..Appellants
Age : 62 years, residing at
2.Amol Bhaskar Patil
Age : 33 years
Both residing at Rabada, Near Datta Mandir,
Post : Ghansoli, Taluka, District : Thane,
State : Maharashtra
Versus
Union of India ..Respondent
Through the General Manager,
Central Railway, CSMT,
Mumbai – 400 001.
Mr. Mohan Rao, Advocate, for the Appellants
Mr. Niranjan P. Shimpi, Advocate, for the Respondent
CORAM : RAJESH S. PATIL, J.
RESERVED ON : 6 May, 2026
PRONOUNCED ON : 9 June, 2026
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 18.08.2021,
Anand
Page 1 of 18
9
th
June 2026
ANAND
SUDHAKAR
SUDAME
Digitally signed by
ANAND SUDHAKAR
SUDAME
Date: 2026.06.09
15:02:06 +0530
37. FA 1266-2022 (J).doc
passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai
(for short “The Tribunal”), dismissing the Claim Application No.
OA (II u)/MCC/2013/1214.
2. The Appellants filed Claim Application before the Tribunal for
granting compensation on account of death of Mr. Bhaskar Balu Patil,
who died in the Railway untoward incident on 13.06.2013. It was the
case of the Appellants that on 13.06.2013, Mr. Bhaskar Balu Patil
while travelling in the second class compartment of local train from
Thane to Rabale Railway Station, accidentally fell down from the
running train between Airoli and Rabale Railway Station, sustained
serious injuries due to which he died. It is submitted that the deceased
was travelling as a
bonafide passenger, on the strength of a second
class Railway return ticket but same was lost in the incident.
3. In view of the above, it has been submitted that the alleged
incident is covered under the ambit of an “untoward incident” and the
deceased was a
bonafide passenger.
4. The Railway contested the Claim Application by filing their
reply and they raised an objection that there was no untoward
incident within the meaning of Section 123(c)(2) of the Railway Act,
1989.
Anand
Page 2 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
5. On behalf of the Appellants, Appellant No. 2 entered the
witness box. He was cross examined by learned Counsel for the
Respondent – Railway.
6. The Tribunal after hearing the parties by it’s Judgment and
Order dated 18.08.2021 dismissed the Claim Application No.
OA (II u)/MCC/2013/1214, 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.
7. Being dissatisfied with the Judgment and Order dated
18.08.2021 passed by the Tribunal, the Original Claimants have filed
the present Appeal.
8. The following points arise for determination which are as
follows :-
(a) Whether interference is required in the impugned
Judgment and Order dated 18.08.2021 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 ?
Anand
Page 3 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
(d) Whether the Appellants prove that they are the
dependents of the deceased within the meaning of Sec. 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.
9. I have heard learned Counsel of both sides and with their help I
have gone through the documents on record.
POINT – (b):- Bonafide Passenger :-
10. In the present proceeding, as per the Inquest Panchnama, there
was no valid ticket or pass recovered, from the possession of the
deceased. However, the Appellant no. 2 has duly filed an affidavit
stating, that his father (now deceased) alongwith him while returning
back to home, from Thane to Ghansoli on 13.06.2013 holding a valid
second class Railway ticket. The Appellant No. 2 de-boarded the train
at Airoli Railway Station and his father continued his journey ahead
and had accidentally fell down from the train near Rabale Station.
11. 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,
Anand
Page 4 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
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.
12. Section 2(29) defines “passengers” as follows :-
Section 2(29) “passenger” means a person travelling with avalid pass or ticket .”
13. 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 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:-
1
(2019) 3 SCC572
Anand
Page 5 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
“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 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)
Anand
Page 6 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
14. 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 inRina 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.
2
2025 SCC OnLine Bom 280
Anand
Page 7 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
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)
15. In the present case the averments made in the Affidavit of the
Appellant No. 2 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 learned Tribunal which
according to me, are totally perverse in view of the latest Supreme
Court Judgment on the same issue. 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
Anand
Page 8 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
“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, in the Inquest Panchnama dated
13.06.2013, it is mentioned that Station Master gave information with
Memo that “one unknown person while crossing the Railway line,
sustained grievous injuries”. It is further noted in the Inquest
Panchnama that “according to the Panchas and the Police, the said
deceased while crossing the Railway line met with an accident.”
18. As per the prescribed procedure, information regarding the
accident is first reported to the Station Master and the Station
Master’s memo records 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
Anand
Page 9 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
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 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
3
AIR 2010 SC 3705
Anand
Page 10 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
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 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.
4
2008 ACJ 1895
Anand
Page 11 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
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
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
Anand
Page 12 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
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 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;
1) “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”.
5
First Appeal No.658/2018 decided on 15/3/2021.
Anand
Page 13 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
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 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
6
First Appeal No.1710/2019 decided on 24/2/2023.
Anand
Page 14 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
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 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. The Point for determination (c) is
answered in Affirmative in favour of the Appellants.
POINT – (d):- Dependents :-.
7
2023 2023 (3) Mh.L.J. 537
Anand
Page 15 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
27. The Appellant No.1 in its Claim Application has mentioned that
the deceased was her husband and Appellant No.2 is the son of the
deceased. The Appellants have also filed a copy of Ration Card, Pan
Card along with Death Certificate of the deceased to prove their
relationship with the deceased. There is no evidence to the contrary
led by the Railways.
27.1 Thus, it is held that the Appellants, being the wife and son of
the deceased, under section 123(b)(1) of the Railway Act, 1989, are
the dependents of the deceased. Hence, the Point for determination
(d) is answered in Affirmative in favour of the Appellants.
28. Considering the date of the accident i.e. 13.06.2013, 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/-.
29. 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 @
9% p.a. (i.e. Rs.36,000/- p.a. or Rs.3,000/- per month) appears to be
Anand
Page 16 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
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.
30. Taking into account the date of the Award i.e. 18.08.2021,
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 13.06.2013 and the amount as compensation as
claimed on that date was Rs.4,00,000/-. The Award was passed by the
Tribunal on 18.08.2021. 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.4,68,000/-. The total amount as
of today would be Rs.8,68,000/-. As per the ratio of the Judgment of
Rina Devi (supra), the higher of the two amounts is Rs.8,68,000/-.
O R D E R
(A) The First Appeal stands allowed and the impugned Judgment
Anand
Page 17 of 18
9
th
June 2026
37. FA 1266-2022 (J).doc
and Order dated 18.08.2021 is hereby quashed and set aside;
(B) The claim of the Appellants stands allowed to Rs.8,68,000/-. As
the Appellants are two, being wife and son of the deceased, being the
dependents, the said amount be equally distributed between them;
(C) The said amount of Rs.8,68,000/- 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.
31. The First Appeal stands disposed of accordingly.
32. All concerned to act on the authenticated copy of this Order.
(Rajesh S. Patil, J.)
Anand
Page 18 of 18
9
th
June 2026
Legal Notes
Add a Note....