LILAWATI AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) By this first appeal under Section 23 of the Railway Claims Tribunal Act, 1987, the applicants/appellants impugn the judgment dated 1.7.2010 of the Railway Claims Tribunal whereby the claim petition has been dismissed.

(2.) The admitted case of the applicants is that the deceased Sh. Guru Prasad, and who was the husband of the applicant-appellant no.1, had purchased a train ticket from Dalmu to New Delhi for travelling by 4517 Unchahar Express. It is further pleaded that the deceased Guru Prasad could not get down at the New Delhi Railway Station and therefore, when train reached Holambi Kalan Railway Station, due to sudden jerk, he fell down from the running train and died at the spot.

(3.) Liability of the Railways arises as per Section 123(c) read with Section 124-A of the Railways Act, 1989, if the death has taken place on account of an 'untoward incident'. Liability of the Railways is no doubt a strict liability, however, there is no liability if the accident takes place on account of self-inflicted injury or criminal negligence in view of the judgment of the Supreme Court in the case of Jameela and Ors. v. Union of India 2010 (12) SCC 443 . The relevant paras of this judgment are paras 6,7,8,9,10,11 and 12 and which read as under:-