Case Law Details
Prithvi Singh & Anr. Vs Union of India (Delhi High Court)
Conclusion: HC held that any untoward incident i.e. injury or death caused during travelling in Trains have to be compensated by Railways and plea of negligence of victim as a contributing factor will not fall under proviso to Section 124-A of Railways Act.
Facts: The appellants have preferred the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against order dated 18.01.2022 passed by Railway Claims Tribunal, Principal Bench, whereby the claim petition preferred by the appellant/claimants was dismissed. In the said case a passenger was traveling through a train who was standing on the offside gate of the train compartment, fell down from the train and died at the spot of accident and the incident was witnessed by the Loco Pilot.
It was submitted by the appellant that the Tribunal failed to appreciate that the deceased was a bonafide passenger in the train at the time of the incident and suffered an untoward incident as defined under Section 123(c) of the Railways Act, 1989.
The Respondent submitted that the deceased was not a bonafide passenger, inasmuch as the ticket in question was purchased at Patel Nagar Railway Station for undertaking journey from Patel Nagar to Gurgaon Railway Station, but instead of de-boarding the train at destination station, the deceased continued his journey upto Garhi Harsaru Railway Station where the accident took place.
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