Orissa High Court Overturns Tribunal's Dismissal, Awards Compensation for Railway Accident

Deceased Recognized as Bona Fide Passenger; Railways Held Liable for "Untoward Incident"

In a significant judgment, the Orissa High Court has set aside a decision by the Railway Claims Tribunal, Bhubaneswar, which had dismissed a compensation claim related to a railway accident resulting in the death of a passenger. The High Court recognized the deceased, Krushna Chandra Sahoo, as a bona fide passenger and ruled that the incident qualified as an "untoward incident" under the Railways Act, 1989, obligating the Railway Administration to pay compensation.

The case revolved around the tragic incident on January 19, 2017, when Krushna Chandra Sahoo fell from the Bisakha Express Train due to overcrowding and a sudden jerk between Lingaraj and Bhubaneswar Railway Station, resulting in his death. The Railway Claims Tribunal had previously dismissed the claim, citing that the deceased was not a bona fide passenger and the incident did not fall within the statutory definition of an "untoward incident."

The Orissa High Court, presided over by Justice Dr. Sanjeeb K. Panigrahi, reviewed the evidence, including the recovery of a valid journey ticket from the deceased and police and medical reports, which corroborated the accidental fall. The court emphasized the strict liability regime under Section 124A of the Railways Act, which mandates compensation for deaths caused by untoward incidents irrespective of negligence or fault by the Railways, unless specific statutory exceptions apply.

Rejecting the tribunal's reliance on speculative administrative reports, the High Court underscored the principle of liberal interpretation of beneficial legislation. The court cited precedents from the Supreme Court, reinforcing that compensatory provisions should be construed to favor victims of railway accidents.

Consequently, the High Court awarded Rs. 8,00,000 in compensation to the appellant, with interest from the date of the claim filing, directing the Railways to fulfill the payment within three months.

This judgment not only provides relief to the bereaved family but also reinforces the protective legislative framework aimed at ensuring justice and compensation for victims of railway accidents.

Bottom Line:

Railway Administration is strictly liable to pay compensation for the death of a bona fide passenger caused by an "untoward incident" under Section 124A of the Railways Act, 1989, unless the statutory exceptions under the proviso are attracted.

Statutory provision(s): Railways Act, 1989 Sections 123(c)(2), 124A

Santosh Ku. Sahoo v. Union of India, (Orissa) : Law Finder Doc Id # 2792732