As per case facts, the Appellants sought compensation for Mr. Jugal Kishor Sahu's death due to an accidental fall from a running train, claiming he was a bonafide passenger. The ...
FA 847-2023 (J).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 847 OF 2023
1.Smt. Urmila Sahu
Age : 52 years, Occu : Housewife
2.Sushant Kumar s/o. Jugal Sahu
Age : 35 years, Occu : Service
3.Sisirakanta s/o. Jugal Sahu
Age : 32 years, Occu : Service
Residing at Near Mehul Cincema,
Indira Nagar No. 2, Janata Mitra Mandal,
J.N.Road, Mulund(West)
Mumbai – 400 080. ..Appellants
Versus
Union of India, ..Respondent
Through the General Manager,
Central Railway,
CSMT, Mumbai.
Mr. Vasant N. More, Advocate, for the Appellants
Ms. Leena Patil, Advocate, for the Respondent
CORAM : RAJESH S. PATIL, J.
RESERVED ON : 6 May 2026
PRONOUNCED ON : 12 June 2026
Anand
Page 1 of 19
12
th
June 2026
ANAND
SUDHAKAR
SUDAME
Digitally signed by
ANAND SUDHAKAR
SUDAME
Date: 2026.06.12
16:59:15 +0530
FA 847-2023 (J).doc
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 11.02.2022, passed by the
Railway Claims Tribunal, Mumbai Bench, Mumbai (for short “The
Tribunal”), dismissing the Claim Application No. OA (II
u)/MCC/0442/2019.
2. The Appellants filed Claim Application before the Tribunal for
granting compensation on account of death of Mr. Jugal Kishor Sahu,
who died in the Railway untoward incident on 05.01.2019. It was the
case of the Appellants that on 05.01.2019, Mr. Jugal Kishor Sahu was
going to Mulund. While travelling in the local train from Nahur to
Mulund Railway Station, he accidentally fell down from the running
train between Nahur and Mulund Railway Station and was brought by
local train No. K 115 to Mulund Station, sustained serious injuries to
head, hands and legs due to which he died. It was submitted that the
deceased was travelling as a
bonafide passenger, on the strength of a
Railway ticket but same was lost in the incident. It was further
submitted that the alleged incident was covered under the ambit of an
Anand
Page 2 of 19
12
th
June 2026
FA 847-2023 (J).doc
“untoward incident” and the deceased was a
bonafide passenger.
3. The Railways contested the Claim Application by filing their
Written Statement and they raised an objection that there was no
untoward incident within the meaning of Section 123(c)(2) of the
Railway Act, 1989.
4. On behalf of the Appellants, Appellant No. 2 entered the witness
box. He was cross examined by learned Counsel for the Respondent -
Railway. On behalf of the Respondent - Railway, Vijay Kumar Rajak -
Dy.SM/Mulund, filed its Affidavit and entered the witness box.
5. The Tribunal after hearing the parties by it’s Judgment and Order
dated 11.02.2022 dismissed the Claim Application No.
OA (II u)/MCC/0442/2019, 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
11.02.2022 passed by the Tribunal, the Original Claimants have filed
the present Appeal.
Anand
Page 3 of 19
12
th
June 2026
FA 847-2023 (J).doc
7. The following points arise for determination which are as follows
:-
(a) Whether interference is required in the impugned
Judgment and Order dated 11.02.2022 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 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.
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 and the
DRM Report, it is submitted that the GRP did not find any valid
Railway ticket or pass from the possession of the deceased. However,
the Appellant No. 2 has duly filed an Affidavit stating, that his father
Anand
Page 4 of 19
12
th
June 2026
FA 847-2023 (J).doc
(now deceased) was holding a valid second class Railway ticket.
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 avalid 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 would not
negate the claim that the deceased was a
bonafide passenger, the
1
(2019) 3 SCC572
Anand
Page 5 of 19
12
th
June 2026
FA 847-2023 (J).doc
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 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
Anand
Page 6 of 19
12
th
June 2026
FA 847-2023 (J).doc
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 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
2
2025 SCC OnLine Bom 280
Anand
Page 7 of 19
12
th
June 2026
FA 847-2023 (J).doc
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)
14. 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
Anand
Page 8 of 19
12
th
June 2026
FA 847-2023 (J).doc
Affirmative in favour of the Appellants and it is held that the deceased
was a
bonafide passenger.
Point – (c) UNTOWARD INCIDENT :-
15. 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.
16. In the present proceeding, in the Inquest Panchnama dated
06.01.2019, it is mentioned that that “death of the deceased may have
caused due to knocked down by some unknown local train”. It is
further mentioned in the Affidavit of the Railways that, “the person was
knocked down by the unknown train and the said spot is trespassing
area.” During its cross-examination, the Respondent witness said that,
“At that location people used to trespass the tracks.”
17. As per the prescribed procedure, information regarding the
Anand
Page 9 of 19
12
th
June 2026
FA 847-2023 (J).doc
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.
18. 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.
Anand
Page 10 of 19
12
th
June 2026
FA 847-2023 (J).doc
19. 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 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)
20. The Supreme Court in the case of
Union of India vs. Prabhakaran
3
AIR 2010 SC 3705
Anand
Page 11 of 19
12
th
June 2026
FA 847-2023 (J).doc
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.
21. 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:-
4
2008 ACJ 1895
Anand
Page 12 of 19
12
th
June 2026
FA 847-2023 (J).doc
“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 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)
22. 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
5
First Appeal No.658/2018 decided on 15/3/2021.
Anand
Page 13 of 19
12
th
June 2026
FA 847-2023 (J).doc
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”.
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)
23. 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:-
6
First Appeal No.1710/2019 decided on 24/2/2023.
Anand
Page 14 of 19
12
th
June 2026
FA 847-2023 (J).doc
“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
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)
24. 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.
25. Considering the evidence led in the present proceeding and law
as laid down by the Supreme Court and the High Court in various
7
2023 2023 (3) Mh.L.J. 537
Anand
Page 15 of 19
12
th
June 2026
FA 847-2023 (J).doc
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.
26. The Point for determination (c) is answered in Affirmative in
favour of the Appellants.
POINT – (d):- Dependents :-.
27. The Appellant No.1 in its Claim Application has mentioned that
the deceased was her husband and Appellant Nos.2 & 3 are the sons of
the deceased. The Appellants have also filed a copy of Ration Card,
Aadhar 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 sons 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. 05.01.2019, the
Anand
Page 16 of 19
12
th
June 2026
FA 847-2023 (J).doc
provisions of the Railway Accidents and Untoward Incidents
(Compensation) Rules, 1990, as they stood after 01.01.2017, would be
applicable, and the compensation payable for death would be
Rs.8,00,000/-.
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.72,000/- p.a. or Rs.6,000/- 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.
30. Taking into account the date of the Award i.e. 11.02.2022, 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/-). The date of the incident is 05.01.2019 and the amount
as compensation as claimed on that date was Rs.8,00,000/-. The Award
was passed by the Tribunal on 03.12.2021. By that time, the
compensation payable pursuant to the amended Rules was enhanced to
Anand
Page 17 of 19
12
th
June 2026
FA 847-2023 (J).doc
Rs.8,00,000/-. However, considering the interest from the date of
accident till today on Rs.8,00,000/- @ 9% would be Rs.5,40,000/-. The
total amount as of today would be Rs.13,40,000/-.
O R D E R
(A) The First Appeal stands allowed and the impugned Judgment
and Order dated 03.12.2021 is hereby quashed and set aside;
(B) The claim of the Appellants stands allowed to Rs.13,40,000/-. As
the Appellants are three, being wife and two sons of the deceased,
being the dependents, the said amount be equally distributed between
them;
(C) The said amount of Rs.13,40,000/- 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.
Anand
Page 18 of 19
12
th
June 2026
FA 847-2023 (J).doc
32. All concerned to act on the authenticated copy of this Order.
(Rajesh S. Patil, J.)
Anand
Page 19 of 19
12
th
June 2026
In a significant ruling, the Bombay High Court recently delivered a crucial Railway Accident Compensation judgment, which is now prominently featured on CaseOn, offering comprehensive legal insights into cases involving fatal railway incidents. This Bombay High Court Judgment, overturning the Railway Claims Tribunal's earlier decision, underscores the judiciary's commitment to a liberal interpretation of welfare legislation, ensuring justice for victims and their dependents.
This First Appeal arose from a claim filed by Smt. Urmila Sahu and her two sons (Appellants) following the tragic death of Mr. Jugal Kishor Sahu. Mr. Sahu died on January 5, 2019, after allegedly falling from a running local train between Nahur and Mulund Railway Stations. The original claim for compensation was dismissed by the Railway Claims Tribunal, Mumbai Bench, on December 3, 2021, on the grounds that the deceased was neither a 'bonafide passenger' nor did the incident qualify as an 'untoward incident' under the Railways Act, 1989.
The primary issues before the High Court were:
The High Court's decision was guided by several key legal provisions and precedents:
The High Court systematically addressed each point of determination, contrasting its findings with those of the Railway Claims Tribunal:
While the GRP Report indicated no ticket was found on the deceased, Appellant No. 2 submitted an affidavit confirming that his father (the deceased) possessed a valid second-class railway ticket. Relying on the Supreme Court's pronouncement in Rina Devi, which states that an affidavit can discharge the initial burden of proof, the High Court concluded that the deceased was indeed a 'bonafide passenger'. The burden then shifted to the Railways to prove otherwise, which they failed to do.
The Tribunal had dismissed the claim, partly because it did not consider the incident an 'untoward incident', possibly influenced by the Inquest Panchnama mentioning the deceased might have been "knocked down by some unknown local train" in a "trespassing area." However, the High Court observed that the Railways failed to provide any evidence, such as a report from a motorman, to substantiate their claim that the deceased was trespassing or was not hit by a train from which he had fallen. Citing Jameela & Ors., the Court reiterated that even an act of negligence by the passenger, like standing at the open door of a train, does not amount to a 'criminal act' that would negate compensation. Furthermore, in line with Prabhakaran Vijaya Kumar & Ors., the Court underscored the liberal interpretation of "accidental falling of any passenger from a train" under Section 123(c)(2), which includes situations like falling while attempting to board. The judgments in Sadashiv Ramappa Kotiyan and Vidya wd/o Dyaneshwar Wankhede were also invoked to dismiss the Tribunal's personal opinions on the nature of injuries (e.g., body cut into two pieces) as irrelevant to the determination of an untoward incident without expert evidence. The High Court found the Tribunal's findings on this point to be "totally perverse" given the established legal precedents.
For legal professionals seeking swift comprehension of such nuanced rulings, CaseOn.in offers invaluable 2-minute audio briefs that distill the essence of these specific judgments, enabling quick analysis and strategic decision-making.
The Appellants, being the wife and sons of the deceased, provided documents like a Ration Card, Aadhar Card, and the Death Certificate, clearly establishing their relationship and dependency under Section 123(b)(1) of the Railways Act. The Railways presented no contrary evidence, leading the High Court to affirm their status as dependents.
Considering the accident date (January 5, 2019) and the applicable Compensation Rules of 1990 (as amended post-January 1, 2017), the High Court determined the compensation for death to be Rs. 8,00,000/-. Furthermore, in adherence to Rina Devi, which mandates interest from the date of the accident, the Court awarded 9% per annum interest, calculating an additional Rs. 5,40,000/-. The total payable amount thus came to Rs. 13,40,000/-.
The Bombay High Court allowed the First Appeal, quashing and setting aside the Railway Claims Tribunal's Judgment and Order dated December 3, 2021. The Court directed the Railways to pay a total compensation of Rs. 13,40,000/- to the Appellants, to be equally distributed among the wife and two sons. The Railways were given eight weeks to deposit this amount, with a stipulation for further 9% p.a. interest if the payment is delayed beyond the stipulated period.
The original court document details the High Court of Bombay's decision to overturn a Railway Claims Tribunal ruling. The Tribunal had denied compensation to the dependents of Mr. Jugal Kishor Sahu, who died in a railway accident, on the grounds that he was not a bonafide passenger and the incident was not "untoward." The High Court, applying established Supreme Court precedents, found that the deceased was a bonafide passenger (based on an affidavit filed by his son) and that his death due to falling from a train constituted an "untoward incident" under the Railways Act, despite the Railways' claims of trespassing or lack of ticket. The court granted the family a total compensation of Rs. 13,40,000/-, including interest, emphasizing a liberal interpretation of beneficial legislation.
This judgment serves as a pivotal reference for legal professionals and students for several reasons:
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers are advised to consult with a qualified legal professional for advice pertaining to their specific circumstances. The author and publisher are not liable for any reliance placed on this information.
Legal Notes
Add a Note....