Karnataka HC: Aim of Preventive Detention is to Ensure Peace in Society  ||  Ker. HC: Second Opinion to Determine Authenticity of Disability Certificate Can be Sought by MACT  ||  Bombay High Court: 18-Year Old Who Mowed Down Woman from his Bike, Released  ||  Supreme Court: There Should be Proactive Participation of Trial Court in Trials  ||  SC Strikes Down Resolution Merging One Community in Backward Class to another Community of SC List  ||  Tel. HC: Wife of Man in Vegetative State Appointed as Legal Guardian of His Property  ||  SC: After Suit for Possession, Subsequent Suit for Arrears of Rent Maintainable  ||  Bombay High Court: Tariff Authority’s Interpretation of Scale of Rates is Binding  ||  Bombay High Court: Tariff Authority’s Interpretation of Scale of Rates is Binding  ||  Karnataka HC: State Directed to Sensitise Police Officers to Register FIR Under BNS and Not IPC    

Raeesa Begum Vs. Union of India - (High Court of Bombay) (17 Jan 2020)

Railway cannot deny liability to pay amount of compensation, even if passenger died or injured due to his own negligence



In present case, the Tribunal came to the conclusion that, deceased fell down due to his own negligence and, therefore, claimant is not entitled for compensation in view of the proviso contained in Section 124-A of the Railway Act, 1989. The Appellant submitted that, there is no dispute about the death of deceased. All the material documents show that deceased was travelling with a valid ticket. Deceased fell down from running train due to push of the door as he was standing behind the door. It was not his negligence and, therefore, the Appellant is entitled for compensation.

The Hon'ble Apex Court in the case of Jameela and Ors. vs. Union of India (UOI), has held that assuming that deceased fell down from the train due to his own negligence, it is not a criminal act so as to attract clause (c) of proviso to section 124-A of the Railway Act and, therefore, the Railway/Union of India is liable to pay amount of compensation.

In the case of Rina Devi, the Hon'ble Apex Court has held that, "death or injury in course of boarding or de-boarding train will be "untoward incident". Victim will be entitled to compensation and will not fall under proviso to Section 124A merely on plea of negligence of victim as contributing factor." Section 124-A is very clear.

In view of the judgments of Hon'ble Apex Court, even the passenger died or injured due to his own negligence then also Railway cannot deny the liability to pay the amount of compensation. In view of the undisputed facts that, the deceased was travelling by train having a valid train ticket. He died in railway accident, therefore, the Appellant is entitled for compensation of Rs. 8,00,000. In that view of the matter, the appeal is allowed.

Relevant : Jameela and Ors. vs. Union of India (UOI) MANU/SC/0656/2010; Union of India (UOI) vs. Rina Devi MANU/SC/0522/2018


Share :        

Disclaimer | Copyright 2024 - All Rights Reserved