Court rules no compensation under Railways Act for trespassing incident involving train fatality
In a significant ruling, the Kerala High Court, presided over by Justice S. Manu, has overturned a previous decision by the Railway Claims Tribunal, Ernakulam Bench, denying compensation to the family of a deceased individual who was hit by a train. The case, Union of India v. Jose N.M., revolved around the tragic death of Mathai, who was claimed to have died from injuries sustained while allegedly traveling on the Maveli Express.
The respondents, family members of the deceased, had initially filed for compensation under Section 124A of the Railways Act, 1989, arguing that Mathai, a bona fide passenger, died due to an untoward incident. The Tribunal had granted them compensation of Rs. 8,00,000 with interest. However, the Union of India, represented by Central Government Counsel Sri. Shyamdeep S. Shenoy, challenged this decision, contending that the incident was not an "untoward incident" as defined under the Act because Mathai was trespassing on the railway track when hit by the Antyodaya Express.
The High Court's judgment highlighted that no evidence was presented to support the claim that Mathai fell from the train he was traveling in, the Maveli Express. Instead, evidence suggested that Mathai was walking on the railway track and was struck by another train, the Antyodaya Express. The court emphasized that the deceased's presence on the track constituted trespass, thereby disqualifying the incident from being considered an untoward incident eligible for compensation under the Railways Act.
Justice S. Manu concluded that the principle of strict liability under Section 124A could not apply in this scenario, as the fatal injuries occurred due to an act of trespass and not from an accident involving the train Mathai was traveling on. Consequently, the High Court set aside the Tribunal's decision, dismissing the compensation claim.
Bottom line:-
Compensation under Section 124A of the Railways Act, 1989 cannot be granted when the deceased was involved in trespass on the railway track, and there is no evidence to support the claim that the injuries were due to an untoward incident involving the train in which he was traveling.
Statutory provision(s): Section 124A of the Railways Act, 1989
Union of India v. Jose N.M., (Kerala) : Law Finder Doc id # 2942962
