Evidence Of Jerk Or Chain Pulling Not Necessary, People In Our Country Fall Off Crowded Trains And Die: Bombay HC Grants Relief Under Railways Act

While the family claimed that heavy rush in the train had caused the fall, the railways contended that there was no jerk or chain pulling that could have led to an accident. Moreover, no one had reported any untoward incident, therefore the family shouldn’t be granted compensation under section 124A of the Railways Act.

Justice Abhay Ahuja observed that merely because there wasn’t evidence of a jerk or chain pulling incident didn’t mean that the appellant hadn’t died in an untoward incident as defied under Section 123(c)(2).

“It is not unknown that even without any jerk or alarm chain pulling, that people fall down from the train in our country and get injured thereby or die.”

After noting the condition of the body from the FIR and post mortem report, the court said it was clear that deceased Rangnath Gaikwad died on the spot in a railway accident. His body was cut from the waist, the head separated from the truck, the bench noted. The incident took place at Gangakhed Railway Station.

“If the blood stains and the flesh are seen at different places on the platform, then surely the incident has been on the railway premises…The entire body of evidence suggests that the death of Shri. Rangnath Gaikwad was due to a railway accident.”

Advocate Neerja Chaubey, for the railways submitted that since it was clear that the deceased had died due to a run over and not an accidental fall which could constitute an ‘untoward incident’ under the act, no compensation could be granted.

The condition of the body cannot, in any way, be used to deny that the incident was an untoward incident, the court said.

Subsequently, the court set aside the order dated 5 th August 2016, passed by the Railway Claims Tribunal, Nagpur and ordered the Railways to pay Rs.8,00,000 to the kin of the 65 year old deceased.

Case Title: KANTABAI VERSUS THE UNION OF INDIA

Citation: 2023 LiveLaw (Bom) 13

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