Facts: The Railway Police found the dead body of a male person (Passenger) at Magarwara Railway Station. From the pockets of the deceased, the police recovered a telephone number, a valid railway ticket and a receipt showing payment of excess fare for travelling in a sleeper coach. The appellants / claimants filed a claim case before the Railway Claims Tribunal, claiming compensation under the Railways Act, 1989 for the death of Passenger. In the claim application, it was stated that the deceased was travelling from Ahmedabad to Lucknow by Awadh Express on a valid ticket and he fell down from the train at or near Magarwara Railway Station in an “untoward incident” resulting in his death. The Tribunal found and held that the claimant had proved that the death of deceased was due to an “untoward incident” as defined under Section 123 of the Act. And therefore Tribunal, proceeded to consider the amount of compensation to which the applicants were entitled and held that under the Railway Accident (Compensation) Rules, 1990 (as it stood at the time of the accident), the maximum compensation in case of death was Rs.2,00,000.00 (rupees two lakhs only). Against the judgment and order passed by the Tribunal, the Railways preferred an appeal before the Allahabad High Court.

The High Court by its order allowed the appeal of the Railways and set aside the Tribunal’s order stating that the victim is to be blamed for the incident being negligent and therefore this case is not covered by the definition of the “untoward incident”. So far as the compensation is concerned the case of the claimant is covered by the provision of Section 124A as because of his own negligence the deceased had fallen down from the train which caused his death. The deceased acted in a negligent manner without any precaution of safety by station going at the open door of the running train which resulted into his death. Thereafter, the Appellant further filed appeal before the Apex Court.

Issue :  Whether the applicants were entitled to claim compensation under Section 124A of the Act?

View : There is no eyewitness of the fall of the deceased from the train and, therefore, there is absolutely no evidence to support the case of the Railway that the accident took place in the manner suggested by it. Secondly, even if it assumed that the deceased fell from the train to his death due to his own negligence it will not have any effect on the compensation payable under Section 124A of the Act. Further Railway was also not denied that, the deceased fell down from the train and died while travelling on it on a valid ticket. Deceased was clearly a “passenger” for the purpose of Section 124A as clarified in the Explanation. It is not the case of the Railway that the death of deceased was a case of suicide or a result of self-inflicted injury. It is also not the case that he died due to his own criminal act or he was in a state of intoxication or he was insane, or he died due to any natural cause or disease. His falling down from the train was, thus, clearly accident.

Held : Allowing the Appeal of the Appellant, the Apex court held that, 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 fail even after assuming everything in its favour.  Therefore, Applicants / Claimants were entitled to compensation with interest. (CA No. 1184 of 2003 dt.27/08/2010)

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