Smt Tukkamma Vs Union of India — Karnataka HC (2025) — LawSathi Research

Smt Tukkamma Vs Union of India — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; impugned order dated 28.03.2018 in O.A II U 184/2015 set aside; claimants entitled to Rs.4,00,000/- compensation with interest at 8% p.a. from the date of petition till realization, subject to a floor of Rs.8,00,000/- if the interest-inclusive figure is lower; no order as to costs; decree to be drawn.

Issue for consideration

Whether the deceased was a bona fide passenger, given that the claimants produced only a copy of the journal ticket and there were no eye witnesses to the incident +2 more

Court's answer

On the oral and documentary evidence (FIR Ex.A1, inquest panchanama Ex.A4, Aadhar card and journey ticket No.51960362 Ex.A3, post-mortem Ex.A5, and statements Ex.A6/Ex.A7), it is conclusively proved that the deceased purchased a journey ticket from Yadagir to Gulbarga, boarded the train, fell from it and succumbed to the injuries.

Ratio / Principle

Production of only a copy of the journal ticket is not a ground to say the deceased was not a bona fide passenger; it is for the railway authorities to disprove the claimants' case, and the railway/police documentary evidence proves the death occurred in a railway accident.

Key takeaways

The liability of the railway authorities for awarding compensation to victims of the accident is a strict liability under Section 124 of the Railways Act, 1989.ratio¶69
The death of the bona fide passenger who fell from the moving train occurred in an untoward incident and cannot amount to self-inflicted injury; the Claims Tribunal committed grave error in dismissing the claim petition on trivial reasons, the claimants made out a case for compensation, and the Tribunal's order is liable to be set aside.ratio¶71
The claimants, being the wife and children of the deceased, were awarded compensation of Rs.4,00,000/- along with interest at 8% p.a. from the date of petition till the date of realization, and the impugned Tribunal order dated 28.03.2018 was set aside.

Detailed headnote1 paragraphs

Railway accident compensation - untoward incident - bona fide passenger - strict liability. The claimants, wife and children of the deceased Gopal @ Gopal Bole, sought compensation for his death on 30.03.2014 caused by a fall from a running train between Hirenandur-Gulbarga while he was travelling on a ticket from Yadagir to Gulbarga. The Railway Claims Tribunal, Bengaluru Bench, dismissed the claim (O.A II U 184/2015, order dated 28.03.2018) because only a copy of the journal ticket was produced, there were no eye witnesses, and the death was treated as a criminal act/self-inflicted injury. The High Court (Hanchate Sanjeevkumar J) held that the FIR (Ex.A1), inquest panchanama (Ex.A4), Aadhar card and journey ticket No.51960362 (Ex.A3), post-mortem report (Ex.A5) and statements of the son and wife (Ex.A6, Ex.A7) conclusively proved that the deceased was a bona fide passenger who fell from the moving train; the mere production of a copy of the journal ticket is not a ground to deny bona fide passenger status, and the burden lies on the railway authorities to disprove the claim (relying on Doli Rani Saha, (2024) 9 SCC 656). Liability under Section 124, Railways Act, 1989, is a strict liability; the death in a fall from the moving train was an untoward incident and cannot amount to self-inflicted injury (relying on Mahaboob Sab, 2010 SCC OnLine Kar 5098, and Union of India v. Rina Deva, AIR 2018 SC 2362); the Tribunal committed grave error in dismissing the claim on these trivial grounds. Following Kamukayi, (2023) 6 SCR 329, the claimants were awarded Rs.4,00,000/- with interest at 8% p.a. from the date of petition till realization, with a guaranteed minimum: if the final figure after interest is below Rs.8,00,000/-, they are entitled to Rs.8,00,000/-. Appeal allowed; Tribunal order set aside; no costs; decree to be drawn.