Kerala High Court
Union Of India (Uoi) vs Aleykutty Devasia And Ors. on 19 March, 1997
Equivalent citations: I(1998)ACC124, 1998ACJ1195, AIR1997KER321, AIR 1997 KERALA 321, (1997) ILR(KER) 3 KER 52, (1997) 1 KER LJ 776, (1997) 2 KER LT 888, (1998) 1 ACC 124, (1999) 1 TAC 811, (1998) 1 RECCIVR 267, (1998) 2 ACJ 1195
JUDGMENT Balakrishnan, J.
1. This is an appeal preferred by the Union of India against the award passed by the Railway Claims Tribunal, Ernakulam Bench in O.A. 3/96. The respondents are the legal heirs of one Celinamma. Celinamma was employed in Bombay. She was a native of Manimalain Kottayam District and on 22-12-94 she Boarded Jayanthi Janata Express from Bombay for her onward journey to Kottayam. She occupied berth No. 70 in coach No. S. B. One Remol K. John was her co-passenger. In the early morning the train reached Ernakulam. When the train left the station Celinamma had gone to toilet and later her dead body was found in the toilet. A criminal case was registered against one Melvin Paduva alleging that he strangulated Celinamma to death. Crime No. 29/94 was registered and Melvin Paduva was tried for causing death of Celinamma. He was found guilty by the Sessions Court. The present respondents filed claim petition before the Tribunal and the appellant herein contended that the incident did not come within the purview of Section 124 and 124-A of the Railways Act and therefore the application was liable to be dismissed. The Tribunal passed an award for Rs. 2,00,000/- rejecting the contentions raised by the appellant herein and hence this appeal.
2. We heard the Standing Counsel for the Southern Railway. According to the appellant, the Tribunal went wrong in finding that the death in question was due to an "untoward incident" as defined in the Railways Act. It is argued that Celinammadied not due to any untoward incident. We are unable to accept this contention.
3. It may be noted that under Section 124A of the Railways Act the liability to pay compensation on account of untoward incident is very wide. Compensation is payable to the claimant irrespective of any wrongful act, neglect or default on the part of the railway administration. If the death or injury is caused on account of any untoward incident the claimant is entitled to get compensation. Of course, it is provided under Section 124-A that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to suicide or attempted suicide, self-inflicted injury, his own criminal act, any act committed by him in a Slate or intoxication or insanity or any natural cause pr disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.
4. The term 'untoward incident' has been defined under Section 123(c) which reads as follows :
" 'untoward incident' means--
(1)(i) the commission of a terrorist act within the meaning of Sub-section (1) of Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987; or
(ii) the making of violent attack or the commission of robbery or dacoity; or
(iii) the indulging in rioting, shoot-out or arson by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or (2) the accidental falling of any passenger from a train carrying passengers."
5. From the above definition, it is clear that making a violent attack or the commission of robbery or dacoity would amount to untoward incident. If the victim died of violent attack it would certainly come within the definition of 'untoward incident' and under such circumstances the claimant would be entitled to get compensation under Section 124-A.
6. In the present case, Celinamma was strangulated to death by one Melvin Paduva. He was tried by the Court of Session and found guilty of murder punishable under Section 302, IPC. The Tribunal was pleased to extract the relevant portions of the judgment of the Sessions Court in Sessions Case No. 27/94 wherein the Sessions Court found Melvin Paduva guilty of causing the death of Celinamma. This is a case where Celinamma died of violent attack while she was trevelling in a train. The act committed by the assailant amounts to untoward incident as defined under the Railways Act and the claimants are certainly entitled to get compensation under Section 124-A of the Act.
The Tribunal was justified in passing the award and the appeal is without any merit and it is dismissed.