SUSHMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS first appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is filed by the widow of the deceased Sh. Surendra Kumar who died in an untoward incident of falling from the Ranikhet Express train while travelling from Delhi to Moradabad on 3.9.2010. The 'untoward incident', as per the meaning of the expression in Sections 123(c) and 124 -A of the Railways Act, 1989, took place near Kuchesar Road railway station i.e at a point in between the journey from Delhi to Moradabad.

(2.) THE case as pleaded by the appellant before the Tribunal was that while travelling from Delhi to Moradabad by Ranikhet Express on

(3.) IN my opinion, the Railway Claims Tribunal has misdirected itself to say the very least. The fact of the matter is that the liability of the Railways is a strict liability in terms of Section 124 -A of the Railways Act, 1989 as held by the Supreme Court in the cases of Jameela and Ors. Vs. Union of India (2010) 12 SCC 443 and Union of India Vs. Prabhakaran Vijaya Kumar and Ors. (2008) 9 SCC 527.