Smt H O Rathna Vs Union of India

THIS MFA IS FILED U/S 23(1) OF THE RAILWAY CLAIMS TRIBUNAL ACT, 1987, AGAINST THE ORDER DATED 16/08/2017, PASSED IN NO.OA II U 138/2012, ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL, BENGALURU BENCH, DISMISSING THE CLAIM APPLICATION AS PER FINDINGS AND SPEAKING ORDER IN THE FOREGOING PARAS.

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HC-KAR

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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The present appeal is filed by the claimants questioning the order dated 16.08.2017 passed in OA II U 138/2012 by the Railway Claims Tribunal, Bengaluru Bench (hereinafter referred to as ‘the Tribunal’ for short) whereby, the claim petition filed by the claimants was dismissed.

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It is the case of the claimants that on 03.11.2011, the deceased was traveling from Tiptur Town to Kardi by passenger (night) train with a general journey ticket No.D-99693297. Due to heavy crowd passengers, the deceased lost his balance while getting gown from the train at Karadi Railway Station, sustained grievous injuries and died on the spot.

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The claim petition filed by the claimants was

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dismissed by the Tribunal on the reason that the body was

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found with the head separated from the body. Only on this ground, the Tribunal has arrived at a finding that it is not an untoward incident, but is a suicide. Hence, rejected the claim petition.

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The claimants have produced the documentary evidence viz., Ex.A1 is the FIR, Ex.A2 is the SS/RDI message to GRP/ASK, Ex.A3 is the inquest report, Ex.A4 is the copy of the computerized journey ticket dated 03.11.2011, Exs.A5 to A10 are the statements of the witnesses, Ex.A11 is the Police Final Report and Ex.A12 is the Post Mortem report.

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On considering the evidence on record it is proved that the deceased died due to the accident. The Tribunal has observed that there are no eye witnesses. The observation made by the Tribunal is that the deceased had boarded the different train and only on assumption basis it has observed that since the head is separated from the body it is the case of suicide. Just because the dead

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body is found with head separated from the body, cannot always be suspected as suicide. When an accident occurs there may be whatever chances of occurring fatal injuries. What are the specific injuries that would occur cannot be said, therefore, the Tribunal’s observation is only on the basis of the assumption and presumption, which do not have any legal sanctity. But the journey ticket which was recovered from the body of the deceased proves that the deceased was bonafide passenger, therefore, the reasons

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given by the Tribunal are not correct and dismissing the claim petition is found to be perverse approach.

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The Hon'ble Apex Court in the case of DOLI

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RANI SAHA VS. UNION OF INDIA¹ in paragraph No.13

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has held as under:

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"13. From the recapitulation of the various judicial pronouncements leading to the present appeal, it can be seen that the primary issue is whether the deceased was travelling on the train in question. In Rina Deva (supra), a two-Judge Bench of this Court considered the question of the party on which the burden of proof will lie in cases where the body of the deceased is found on railway premises. This Court held that the initial burden would be on the claimant, which could be discharged by filing an affidavit of the relevant facts. Once the

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1 ( 2024) 9 SCC 656

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claimant did so, the burden would then shift to the Railways. Significantly, it also held that the mere absence of a ticket would not negate the claim that the deceased was a bona fide passenger. The relevant extract from the ruling of the Court is reproduced below:

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"29. We thus hold that mere presence of a body on the railway premises will not be conclusive to hold that the injured or deceased was a bona fide passenger for which claim for compensation could be maintained. However, mere absence of ticket with such injured or deceased will not negative the claim that he was a bona fide passenger. Initial burden will be on the claimant which can be discharged by filing an affidavit of the relevant facts and burden will then shift on the Railways and the issue can be decided on the facts shown or the attending circumstances. This will have to be dealt with from case to case on the basis of facts found. The legal position in this regard will stand explained accordingly."

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7. The judgment of this Court in the case of

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MAHABOOB SAB & ANOTHER VS. UNION OF INDIA²

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in paragraphs No.12 & 17 has held as under:

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"12. Per contra, Railways are claiming that it is not an untoward incident, but it is self-inflicted injury as contemplated under Section 124(a) Proviso (b). In view of these rival contentions, it would be necessary to examine the contentions raised by claimants before Tribunal in claim petition and evidence tendered by claimants, which is to the following effect: That the petitioners No.1 and 2 are the father and mother of the deceased Shahnawaz hereinafter called the deceased. The deceased was travelling Train No.1014 as a bona fide passenger. The deceased fell of from the train at Yelahanka Railway station, due to the huge jerk in the train. The deceased had suffered multiple injuries. The deceased was taken to Victoria Hospital for treatment and admitted as indoor patient. The duty doctors attended the deceased and offered all possible

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22010 SCC OnLine Kar 5098

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treatment to save the life of deceased. But the deceased succumbed to the injuries on 06.09.2003.

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17. The fact that Railways Act is a beneficial piece of legislation cannot be lost sight of by this Court and it should receive a liberal and wider interpretation and purposeful construction of an enactment is one, which gives effect of legislative intent. Particularly when such beneficial legislation is called in question, it should receive a liberal interpretation and applying a strained interpretation would defeat the legislative purpose for which enactment is brought about."

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8. In the case of UNION OF INDIA VS. RINA

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DEVA³ , the Hon'ble Apex Court has held as under:

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"Re: (ii) Application of Principle of Strict Liability - Concept of Self Inflicted Injury

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16.1. From the judgments cited at the Bar we do not see any conflict on the applicability of the principle of strict liability. Sections 124 and Section 124A provide that compensation is payable whether or not there has been wrongful act, neglect or fault on the part of the railway administration in the case of an accident or in the case of an 'untoward incident'. Only exceptions are those provided under proviso to Section 124A. In Prabhakaran Vijaya Kumar (AIR 2009 SC (Supp) 383) (supra) it was held that Section 124A lays down strict liability or no fault liability in case of railway accidents. Where principle of strict liability applies, proof of negligence is not required. This principle has been reiterated in Jameela (AIR 2010 SC 3705) (supra).

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16.2. Coming to the proviso to Section 124A to the effect that no compensation is payable if passenger dies or suffers injury due to the situations mentioned therein, there is no difficulty as regards suicide or attempted suicide in which case no compensation may be payable. Conflict of opinions in High Courts has arisen on understanding the expression 'self inflicted injury' in the proviso. In some decisions it has been held that injury or death because of negligence of the victim was at par with self inflicted injury. We may refer to the decisions of High Courts of Kerala in Joseph PT (AIR 2014 SC Ker 12) (supra),

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3 AIR 2018 SC 2362

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Bombay in Pushpa (supra) and Delhi in Shayam Narayan (supra) on this point.

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16.3. In Joseph PT (AIR 2014 Ker 12) (supra), the victim received injuries in the course of entering a train which started moving. Question was whether his claim that he had suffered injuries in an 'untoward incident' as defined under Section 123(c) could be upheld or whether he was covered by proviso to Section 124A clause (b). The High Court held that while in the case of suicide or attempt to commit suicide, intentional act is essential. Since the concept of 'self inflicted injury' is distinct from an attempted suicide, such intention is not required and even without such intention if a person acts negligently, injuries suffered in such an accident will amount to 'self inflicted injury'. Relevant observations are:

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"Therefore, the two limbs of the Proviso should be construed to have two different objectives to be achieved. We can understand the meaning of the term "self-inflicted injury" not only from the sources provided by the dictionaries, but also from the context in which it is used in the statute. The term "self-inflicted injury" used in the statute can be deduced as one which a person suffers on account of one's own action, which is something more than a rash or negligent act. But it shall not be an intentional act of attempted suicide. While there may be cases where there is intention to inflict oneself with injury amounting to self-inflicted injury, which falls short of an attempt to commit suicide, there can also be cases where, irrespective of intention, a person may act with total recklessness, in that, he may throw all norms of caution to the wind and regardless to his age, circumstances, etc. act to his detriment. Facts of this case show that the appellant attempted to board a moving train from the off side unmindful of his age and fully aware of the positional disadvantageous and dangers of boarding a train from a level lower than the footboard of the train. It is common knowledge that the footboard and handrails at the doors of the compartment are designed to suit the convenience of the passengers for boarding from and alighting to the platform. And at the same time, when a person is trying to board the train from the nonplatform side, he will be standing on the heap of rubbles kept beneath the track and that too in a lower level. Further more, he will have to stretch himself to catch the handrails and struggle to climb up through the footboard hanging beneath the bogie. The probability of danger is increased in arithmetic progression when the train is moving. Visualising all

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these things in mind, it can only be held that the act of the appellant was the height of carelessness, imprudence and foolhardiness. It is indisputable that the purpose of Section 124A of the Act is to provide a speedy remedy to an injured passenger or to the dependants of a deceased passenger involved in an untoward incident. Section 124A of the Act provides for compensation to a passenger or his dependants who suffers injury or death, as the case may be, in an untoward incident even where the untoward incident is not the consequence of any wrongful act, neglect or default on the part of Railway Administration. to this extent, it can be said to be a no-fault liability. Even though the provisions relating to payment of compensation in the Act can be said to be a piece a beneficial legislation, it cannot be stretched too much to reward a person who acts callously, unwisely or imprudently. There is no provision of law brought to our notice permitting the passengers to entrain from the non-platform side of the railway track. However, the counsel for the respondent did not show any provision of law prohibiting the same. The question whether an act by which a passenger sustains injury while boarding a train through the off side, is a selfinflicted injury or not depends on the facts of each case. Merely because a person suffered injury in the process of getting into the train through the off side, it may not be sufficient to term it as a selfinflicted injury, unless the facts and circumstances show that his act was totally imprudent, irrational, callous and unmindful of the consequences. All the facts and circumstances established in this case would show that the act of the appellant was with full knowledge of the imminent possibility of dangering his life or limb and therefore, it squarely comes within the term "self-inflicted injury" defined in Section 124A Proviso (b) of the Act."

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16.4. In Pushpa (supra) a hawker died in the course of boarding a train. It was held that he was not entitled to compensation as it was a case of 'self inflicted injury'. The relevant observations are:

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"Such an attempt by a hawker has been viewed by the trial Court as something amounting to criminal negligence on his part and also an effort to inflict injuries to himself. The trial Court reasoned that if the deceased had to sell his goods by boarding a train, he should have ensured to do so only when it was quite safe for him to get on to the train or otherwise he could have avoided catching the train and waited for another

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train to come. It also hinted that there was absolutely no compulsion or hurry for the deceased in the present case to make an attempt to somehow or the other board the train while it was gathering speed."

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16.5. In Shyam Narayan (2017 AAC 1833 (Del.)(supra), same view was taken which is as follows:

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"6(ii) I cannot agree with the arguments urged on behalf of the appellants/applicants in the facts of the present case because there is a difference between an untoward incident and an act of criminal negligence. Whereas negligence will not disentitle grant of compensation under the Railways Act, however, once the negligence becomes a criminal negligence and selfinflicted injury then compensation cannot be granted. This is specifically provided in the first proviso to Section 124-A of the Railways Act which provides that compensation will not be payable in case the death takes place on account of suicide or attempted suicide, self inflicted injury, bona fide passenger's own criminal act or an act committed by the deceased in the state of intoxication or insanity."

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16.6. We are unable to uphold the above view as the concept of 'self inflicted injury' would require intention to inflict such injury and not mere negligence of any particular degree. Doing so would amount to invoking the principle of contributory negligence which cannot be done in the case of liability based on 'no fault theory'. We may in this connection refer to judgment of this Court in United India Insurance Co. Ltd. v. Sunil Kumar 2017 (13) SCALE 652 : (AIR 2017 SC 5710) laying down that plea of negligence of the victim cannot be allowed in claim based on 'no fault theory' under Section 163A of the Motor Vehicles Act, 1988. Accordingly, we hold that death or injury in the course of boarding or de-boarding a train will be an 'untoward incident' entitling a victim to the compensation and will not fall under the proviso to Section 124A merely on the plea of negligence of the victim as a contributing factor."

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9. As per Section 124A of the Railways Act, 1989,

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the compensation is to be payable on the principle of strict liability. Therefore, the claimants have proved their claim

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as discussed above and are entitled for compensation from

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the respondent-railway authorities. Therefore, the order passed by the Railway Claims Tribunal is liable to be set aside.

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The deceased died in the accident on

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03.11.2011.

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The Hon’ble Supreme Court in the case of

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KAMUKAYI AND OTHERS vs. UNION OF INDIA AND

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OTHERS⁴ , wherein at paragraph No.23 it is held as under:

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“23. Accordingly and as per above discussion we allow this appeal and set aside the impugned judgment dated 26.03.2021 passed by the High Court and also the Claims Tribunal dated 29.06.2017. Consequently, claim application is allowed. The appellants are held entitled for compensation to the tune of Rs.4,00,000/along with interest @ 7% p.a. from the date of filing the claim application till its realisation. It is made clear that after applying the rate of interest, if the final figure is less than Rs.8,00,000/-, then appellants shall be entitled to Rs.8,00,000/. The amount of compensation be satisfied by the respondents within a period of eight weeks. No order as to costs.”

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4 (2023) 6 SCR 329

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The Hon’ble Supreme Court in the case of

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KAMUKAYI AND OTHERS vs. UNION OF INDIA AND

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OTHERS⁵ has observed at paragraph No.22, which reads

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as follows:

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“22 . The said judgment was further explained by this Court in Radha Yadav⁶ , relevant para 11 is reproduced as thus:

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“11. The issue raised in the matter does not really require any elaboration as in our view, the judgment of this Court in Rina Devi⁷ is very clear. What this Court has laid down is that the amount of compensation payable on the date of accident with reasonable rate of interest shall first be calculated. If the amount so calculated is less than the amount prescribed as on the date of the award, the claimant would be entitled to higher of these two amounts. Therefore, if the liability had arisen before the amendment was brought in, the basic figure would be as per the Schedule as was in existence before the amendment and on such basic figure reasonable rate of interest would be calculated. If there be any difference between the amount so calculated and the amount prescribed in the Schedule as on the date of the award, the higher of two figures would be the measure of compensation. For instance, in case of a death in an accident which occurred before amendment, the basic figure would be Rs.4,00,000. If, after applying reasonable rate of interest, the final figure were to be less than Rs.8,00,000, which was brought in by way of amendment, the claimant would be

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5 (2023) 19 SCC 116

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6 Union of India V. Radha Yadav, (2019) 3 SCC 410

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7 Union of India V. Rina Devi, (2019) 3 SCC 572

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entitled to Rs.8,00,000. If, however, the amount of original compensation with rate of interest were to exceed the sum of Rs.8,00,000 the compensation would be in terms of figure in excess of Rs.8,00,000. The idea is to afford the benefit of the amendment, to the extent possible. Thus, according to us, the matter is crystal clear. The issue does not need any further clarification or elaboration.”

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Therefore, as per this order, if the

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compensation amount awarded with interest exceeds a sum of Rs.8,00,000/-, then the compensation would be in terms of figure excess of Rs.8,00,000/-. Therefore, in the

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present case also, the accident occurred is before 01.01.2017. Hence, by granting award of Rs.4,00,000/with interest at the rate of 8% p.a., from the date of petition till realization, if it exceeds Rs.8,00,000/-, then the said exceeded amount shall be given to the appellants/claimants. If the final figure comes less than Rs.8,00,000/-, then the appellants/claimants are entitled to Rs.8,00,000/-.

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Accordingly, I proceed to pass the following

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ORDER

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(i) The appeal is allowed .

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(ii) The impugned judgment dated 16.08.2017 passed in claim application No.O.A II U 138/2012 by the Railway Claims Tribunal, Bangalore Bench, Bangalore, is set aside .

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(iii) Consequently, the claim application of the claimants/appellants is allowed. The claimants are held entitled to a total compensation of ₹8,00,000/- along with interest at the rate of 6% p.a., from the date of petition till the date of realization. The claimants being the wife and son of the deceased, the entire compensation shall be released in their favour, equally;

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