UNION OF INDIA Vs. ALEYKUTTY DEVASIA

JUDGEMENT

(1.) This is an appeal preferred by the Union of India against the award passed by the Railway Claims Tribunal, Ernakulam Bench in O.A. 3.96. The respondents are the legal heirs of one Celinamma. Celinamma was employed in Bombay. She was a native of Manimala in Kottayam District and on 22.12.94 she boarded Jayanthi Janatha Express from Bombay for her onward journey to Kottayam. She occupied berth No. 70 in Coach No. S.8. One Remol K. John was her copassenger. In the early morning the train reached Ernakulam. When the train left the station Celinamma had gone to toilet and later her dead body was found in the toilet. A criminal case was registered against one Melvin Paduva alleging that he strangulated Celinamma to death. Crime No. 29/94 was registered and Melvin Paduva was tried for causing death of Celinamma. He was found guilty by the Sessions Court. The present respondents filed claim petition before the Tribunal and the appellant herein contended that the incident did not come within the purview of S.124 and 124A of the Railways Act and therefore, the application was liable to be dismissed. The Tribunal passed an award for Rs. 2,00,000/- rejecting the contentions raised by the appellant herein and hence this appeal.

(2.) We heard the standing counsel for the Southern Railway. According to the appellant, the Tribunal went wrong in finding that the death in question was due to an untoward incident ad defined in the Railways Act It is argued that Celinamma died not due to any untoward incident. We are unable to accept this contention.

(3.) It may be noted that under S.124A of the Railways Act the liability to pay compensation on account of untoward incident is very wide. Compensation is payable to the claimant irrespective of any wrongful act, neglect or default on the part of the railway administration. If the death or injury is caused on account of any untoward incident the claimant is entitled to get compensation. Of course, it is provided under S.124-A that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to suicide or attempted suicide, self inflicted injury, his own criminal act, any act committed by him in the state of intoxication or insanity or any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.