UNION OF INDIA Vs. AMARAVATI DEVI

JUDGEMENT

(1.) ADMIT.

(2.) Matter being short, the same has been heard with the consent of the parties and disposed of by this order. The appellant has filed this appeal challenging the judgment of the Railway Claims Tribunal whereby the tribunal has awarded compensation of Rs.4 lakhs under Section 124A of the Indian Railways Act to the respondents who are the legal representatives of the deceased who was a bonafide passenger in the train and had died because of his having fallen down from while the same was in motion.

(3.) The contention of Mr.Salwan, learned counsel for the appellant is that since the deceased was under the influence of liquor, he had fallen down from the train because of intoxication and his legal heirs were thus not entitled to any compensation. Under Section 124A of the Act, 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 dependant 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. The only exception on which the railway administration can avoid the payment of compensation for death of a passenger who has died as a result of such untoward incident is that the passenger had died due to: -