“19. Learned Counsel for respondent vehemently argued that it is not the case that deceased fall down from the train Secunderabad Express but accident took place when he was standing on the track. However, if Section 124-A is perused there is no condition, as such that the person who fall down from the train in which he was travelling, only can claim compensation, the wording used is "when in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of Railway Administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the Railway Administration shall liable to pay compensation to such accident as may be prescribed. There shall be exception to Section 124-A, where Railway Authorities are not liable to pay if injury is occurred due to suicide or attempted suicide, self-inflicted injury, his own criminal act, any act committed by him in a state of intoxication or insanity, any natural cause or disease or medical or surgical treatment." The Railway is totally failed to establish that the incident is covered by the exception to Section 124-A. There is no case of suicide nor self-inflicted injury or criminal act for which intention is required to commit such act, nor it is claimed that he was under intoxication. As such, the respondent Union of India cannot claim that it was not untoward incident. It is strict liability of the Railway to compensate for such untoward incident.
