Death Due To Accidental Falling From Train Is An Untoward Incident: Calcutta HC Awards Rs. 8 Lakh Compensation To Victim’s Family
The Calcutta High Court awarded Rs. 8 Lakhs in compensation to the legal heirs of the victim’s family after observing that the death of the victim was due to accidental falling from a train carrying passengers in an “untoward incident.”
The Court set aside the decision of the Railway Claims Tribunal (Tribunal) and allowed the appeal filed by the legal heirs of the deceased, who died after accidentally falling from a train near Ramrajatala Railway Station. The Bench held that the death was an “untoward incident” as defined under Section 124A of the Railways Act, 1989 (the Act) entitling the family to compensation.
A Single Bench of Justice Shampa Dutt (Paul) held, “The D.P. memo and its entries relating to the opinion of the M.O., injuries noted in the P.M. Report of O/C Bantra and the FIR of the U.D. Case all show that the death of the victim was due to accidental falling from a train carrying passengers (Untoward Incident).”
Advocate Navin Mittal appeared for the Appellants, while Advocate Heranba Narayan Datta represented the Respondents.
The Family had submitted that the deceased fell from a crowded train and sustained injuries to which he succumbed to. The Tribunal had dismissed the claim application filed by the deceased’s wife stating that the victim was not proven to be a bona fide passenger and that there was no evidence to establish the death as an untoward incident.
The Railways argued that the present case was not covered under Section 123 (c) of the Act and Section 124A of the Railways (Amendment) Act, 1994 and then denied the accident stating that there was no negligence and misconduct on their part.
The High Court noted that the deceased held a valid second-class railway ticket and that the D.P. memo, post-mortem report, and U.D. case FIR consistently indicated that the death occurred due to accidental falling from the train.
“The findings of the tribunal at page 5 of the Judgment as to the ticket is totally in contradiction to findings noted in Para 1 and 2 of the judgment wherein the ticket produced was accepted by the Hon’ble member (Technical) while allowing the petition for amendment,” the Court remarked.
Consequently, the Court held, “Thus the order under appeal passed by the Hon’ble Member Technical of the Railway Claims Tribunal, Calcutta Bench at Kolkata dated 06.10.2010 in claim application no. A/699/2002 under Section 124(A) of the Railways Act, 1989, being not in accordance with law is set aside.”
Accordingly, the High Court allowed the Application.
Cause Title: Sadhan Dalui & Ors. v. Union Of India