Bombay High Court
Saraswati Wd/O Narad Kumbhare vs The Union Of India Through Its General ... on 7 October, 2025
2025:BHC-NAG:10372
1 51.FA.1564.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.1564 OF 2019
Saraswati wd/o Narad Kumbhare, aged about
71 years, Occ. Household, r/o Subhash Ward,
Mohadi, Th. Dist. Bhandar.
... APPELLANT
VERSUS
1. Union of India, through the General
Manager, South East Central Railway,
Bilaspur.
... RESPONDENT
_____________________________________________________________
Shri K.P. Mirache, Advocate for the appellant.
Ms. Neerja Choubey, Advocate for respondent.
______________________________________________________________
CORAM : PRAVIN S. PATIL, J.
CLOSED ON : 24.09.2025.
PRONOUNCED ON : 07.10.2025.
JUDGMENT :
1. Heard. ADMIT.
2. The appellant herein has challenge the order passed by the
Railway Claims Tribunal, Nagpur ('Tribunal') in Claim Application
no.OA(IIu)/NGP/106/2018 Dated 12.03.2019, whereby the claim application
was dismissed.
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3. It is the case of the present appellant, that the appellant being a
widow of the deceased, filed the application claiming compensation before
the Tribunal, due to death of the her husband in an untoward incident
occurred at Warthi Railway Station, District Bhandara. According to the
appellant, on 02.08.2017, the deceased had purchased railway ticket
no.UXA-50863012 for the journey from Itwari to Bhandara. After purchasing
the railway ticket, while he was proceedings towards the train No.68744, the
deceased fell down from the running train due to the jerk of the train and
sustained serious injuries. He was then admitted to the Sub-district Hospital,
Bhandara, and thereafter, shifted to Medical Hospital, Nagpur for further
treatment, but unfortunately he died during the treatment on 12.08.2017.
Therefore, considering death due to untoward incident, the claim petition has
been filed before the Tribunal.
4. According to her, after the accident, the Police case was
registered in the matter, and accordingly, spot panchanama was also prepared
in the matter. As per the spot panchanama, it is clear that dead body of the
deceased was lying within the premises of the Warthi railway station,
Bhandara.
5. The appellant also stated that it has been established on record
that deceased was having valid railway ticket, which is a part of the record as
document A-45. Hence, on the basis of this submission, it is stated that as the
accident was occurred within the premises of railway administration, the
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appellant is entitled for the compensation as claimed in the matter.
6. The respondent has strongly opposed the application before the
Tribunal. It is their case that in view of evidence brought on record by the
railway administration by examining one Bhupendra Vithoba Vahile working
as Station Superintend, Koka railway station and another witness namely
Ravindra Gajbhiye Loco Pilot of train no.12879, it is clear from the record
that it is not a case of an untoward accident. It is the submission of the
respondent that Loco pilot was the eye-witness and it is came on record that
when his train was crossing Bhandara railway station and proceeding
towards Koka railway station at about 15.16 hours, deceased got dash by side
engine of train in between Bhandara and Koka station and fell down beside
railway track. Hence, it is stated that it is not a case of untoward incident but
it comes under the category of self inflicted injury, and therefore, under the
provisions of Railway Act, 1989, the appellant is not entitled for any
compensation.
7. It is pertinent to note that Hon'ble Supreme Court in the case of
Union of India vs. Prabhakaran Vijaya Kumar and ors. (2008) 9 SCC 527 has
specifically observed that even in the case the passenger was not actually
inside the train and the accident occurred due to other reason then
considering the fact that the provisions for compensation in the Railway Act
is a beneficial piece of legislation, the liberal/purposive interpretation should
be adopted. Accordingly, it is observed in paragraph 14 reads as under :
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"14. In our opinion, if we adopt a restrictive meaning to the
expression 'accidental falling of a passenger from a train
carrying passengers' in Section 123(c) of the Railways Act, we
will be depriving a large number of railway passengers from
getting compensation in railway accidents. It is well known
that in our country there are crores of people who travel by
railway trains since everybody cannot afford traveling by air
or in a private car. By giving a restrictive and narrow meaning
to the expression we will be depriving a large number of
victims of train accidents (particularly poor and middle class
people) from getting compensation under the Railways Act.
Hence, in our opinion, the expression 'accidental falling of a
passenger from a train carrying passengers' includes accidents
when a bona fide passenger i.e. a passenger traveling with a
valid ticket or pass is trying to enter into a railway train and
falls down during the process. In other words, a purposive,
and not literal, interpretation should be given to the
expression."
8. Likewise in the case of Union of India vs. Rina Devi AIR 2018 SC
2362, the Hon'ble Supreme Court has dealt with the issues which are
normally applied in such cases and in respect of 'self inflicted injury', held
that any act which is not intentional, but because of negligence the accident
occurred then it will not come under the purview of 'self inflicted injury'.
Accordingly, it is observed in paragraph 16.6 reads as under :
"16.6. We are unable to uphold the above view as the
concept of 'self inflicted injury' would require intention
to inflict such injury and not mere negligence of any
particular degree. Doing so would amount to invoking
the principle of contributory negligence which cannot be
done in the case of liability based on 'no fault theory'. We
may in this connection refer to judgment of this Court in
United India Insurance Co. Ltd. v. Sunil Kumar 2017 (13)
SCALE 652 laying down that plea of negligence of the
victim cannot be allowed in claim based on 'no fault
theory' under Section 163A of the Motor Vehicles Act,
1988. Accordingly, we hold that death or injury in the
course of boarding or de-boarding a train will be an
'untoward incident' entitling a victim to the
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compensation and will not fall under the proviso to
Section 124A merely on the plea of negligence of the
victim as a contributing factor."
9. In the present appeal, applying the law laid down by the Hon'ble
Supreme Court and by relying the statement of witness produced by the
respondent that death was caused due to dash given by the railway engine
near signal at Bhandara, the appellant is entitled for compensation amount.
10. According to me, the case of the deceased does not come under
the purview of self inflicted injury, and therefore, the findings recorded by the
Tribunal that dash given by the engine to the deceased after completing his
journey while he was going towards his residence, amounts to self inflicted
injury, is contrary to the law laid down by the Hon'ble Supreme Court.
11. Accordingly, I proceed to pass the following order :
(a) The appeal is allowed.
(b) Impugned judgment and order dated 12.03.2019 passed by the
Railway Claims Tribunal, Nagpur in Claim Application
No.OA(IIu)/NGP/106/2018 is hereby quashed and set aside.
(c) The respondent is directed to pay the compensation of Rs.8 lakhs
to the appellant from the date of filing of application before the
Railway Claims Tribunal along with the 6% interest per annum
accrued thereon, and deposit the same within a period of three
months either before this Court or before the Railway Claims
Tribunal with due intimation to appellant.
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(d) After depositing the amount of compensation, the appellant is at
liberty to withdraw the same after due verification and satisfaction
of registry of the Court.
12. The Appeal stands disposed of accordingly.
(PRAVIN S. PATIL, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 07/10/2025 20:10:55
