UNION OF INDIA Vs. MALLAPPA

JUDGEMENT

(1.) Appellant has sought for setting aside the order dated 8.6.2011 passed in O.A. No. 38/2006 by the Railway Claims Tribunal, Bangalore and for such other relief. Heard the learned counsel for the appellant-Insurer and the learned counsel for the respondents.

(2.) Though compensation is awarded, liability would be there on the railway administration as per Section 123 of the Railways Act, 1989, (for short the 'Act'). The word "untoward incident" is defined under Section 123(c) of the Act. It is the case of the death of a lady who is said to have travelled in a train. The word "Untoward incident" also includes accidental falling of any passenger from a train carrying passengers. In so far as the definition of untoward incident is concerned, it has to be accepted in relation to the incident that has occurred while travelling in the train and the body was cut into two pieces and the deceased had fell down from the train. As per the definition of the word "bonafide passenger" under Section 2(29) of the Act is concerned, it is a person travelling with a valid pass or ticket. The death of the deceased in the case on hand was that of a passenger and secondly, she died in the untoward incident that occurred. Section 124 of the Act defines any part of a train carrying passengers, 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 has suffered a loss 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 a passenger dying as a result of such incident.

(3.) The Supreme Court in the case of Smt. Vinodamma & Others Vs. Union of India, 2010 AIR(Kar) 174 has referred to Section 124-A and Section 2(29) of the Act, while explaining, it is held that bonafide passenger does not prescribe that the passenger must hold a valid ticket to travel as a passenger in a particular train.