Supreme Court: Inclusion in Revised Select List Does Not Give TN MV Inspectors a Vested Right  ||  Bombay HC: ICC Cannot Hear Sexual Harassment Complaint over Non-Employer Transport Incident  ||  Ker HC Upholds Rule that Homeopathic Doctors Must Cancel Registration Before Enrolment as Advocates  ||  J&K&L HC: Evidence Negating Penetration Warrants Conviction For Attempt to Rape, Not Rape  ||  Karnataka High Court Rules on Daughter’s Coparcenary Rights in Grandfather’s Self-Acquired Property  ||  Madhya Pradesh HC: Police Can be Prosecuted for Custodial Violence Without Prior Sanction  ||  AP HP Criticized Authorities and Ordered Removal of an Ex-Serviceman’s Land From the Prohibited List  ||  Kerala High Court Upheld the Conviction of a Madrasa Teacher in a Child Sexual Assault Case  ||  Gauhati High Court: Pending Criminal Case Cannot Indefinitely Delay an MBBS Pass Certificate  ||  SC Took Suo Motu Action and Directed Odisha to Aid a Visually Impaired Man and His Mother    

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

MANU/MH/0106/2020

Civil

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

Tags : COMPENSATION   PAYMENT   LIABILITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved