Gujarat High Court
Arunaben @ Dimpalben Wd/O Nitinbhai ... vs Union Of India on 17 November, 2025
NEUTRAL CITATION
C/FA/696/2024 JUDGMENT DATED: 17/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 696 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
YES
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ARUNABEN @ DIMPALBEN WD/O NITINBHAI PATEL WD/O DECD. &
ORS.
Versus
UNION OF INDIA
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Appearance:
DEV D PATEL(8264) for the Appellant(s) No. 1,2,3,4
MS VYOMA K JHAVERI(6386) for the Defendant(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 17/11/2025
ORAL JUDGMENT
1 This appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the judgment dated 13.05.2022 passed by the Railway Claims Tribunal, Ahmedabad Bench, Ahmedabad ('the Tribunal' hereinafter) in O.A. No. IIU/2015/0320, whereby the learned Tribunal has rejected the claim preferred by the claimant-appellant under Section 16 of the Railway Claims Tribunal Act, 1987 ('the Act' Page 1 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined hereinafter).
2 It is the case of the appellants that they are the dependents of the deceased, Nitinbhai Patel, who was travelling by DMU Train on 28.12.2014 from Mehsana to Abu Road holding a valid travelling ticket. Near Chitrasani Railway Station, the deceased fell down from the slow-running train due to heavy rush and push of passengers and died on the spot. Seeking compensation of Rs.4,00,000/- under the Act, the appellants preferred the claim before the learned Tribunal.
2.1 In support of the claim, the appellants placed on record the copy of the memo, receipt of the dead body, panchnama of the place of incident, inquest panchnama, travelling ticket, post-mortem report, aavak vardhi, certificate issued by Palanpur Railway Station, election cards of appellant Nos.1, 3 and 4, school leaving certificate of appellant No.1, ration card, final investigation reports prepared by the GRP and the SDM, and the pedigree issued by the Gram Panchayat.
2.2 Upon appearance of the opponent-department, a return statement came to be filed along with the DRM report. After considering the evidence led by both sides, the learned Tribunal dismissed the claim preferred by the appellants, which is the Page 2 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined subject matter of challenge before this Court.
3 Heard the learned advocate Mr.D.D.Patel for the appellants and learned advocate Ms.Jhaveri for the defendant.
4 Learned advocate Mr. Patel submits that the learned Tribunal has committed an error in dismissing the claim on the ground that the deceased died due to self-inflicted injury as contemplated under Section 124A of the Act. He submits that no eyewitness has been examined on behalf of the respondent- department to establish that the case of the appellants falls under the exceptions carved out in Section 124A of the Act.
4.1 Learned advocate Mr. Patel further submits that the learned Tribunal, merely on the basis of assumptions and presumptions, has arrived at the conclusion that the deceased died due to his own criminal act. He submits that the post-mortem report clearly indicates multiple injuries on the body of the deceased, which were sustained as a result of being run over by the train after he accidentally fell down from the compartment.
4.2 Learned advocate Mr. Patel submits that once the appellants discharged their initial onus of proving that the death occurred due to an Page 3 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined untoward incident, the burden shifted upon the respondent-department to establish that the case did not constitute an untoward incident but was a case of suicide or self-inflicted injury. Learned advocate Mr. Patel submits that no such burden has been discharged nor any evidence placed on record to substantiate the plea of self-inflicted injury.
4.3 Learned advocate Mr. Patel further submits that the exception under Section 124A(b) of the Act was never pleaded by the respondent-department in its written statement; however, the learned Tribunal has erroneously concluded that the appellants are not entitled to the claim. In these circumstances, learned advocate Mr. Patel submits that the appeal deserves to be allowed and the impugned judgment is required to be set aside.
4.4 In support of the above contentions, learned advocate Mr. Patel has relied upon the decision rendered by this Court in Union of India v. Jaswant Madanlal Kothari, and submits that in the absence of any evidence establishing the intention of the deceased, the learned Tribunal has committed an error in believing the case to be one of self-inflicted injury and thereby dismissing the claim petition.
Page 4 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined 5 Per contra, learned advocate Ms. Jhaveri submits that, as per the report submitted by the investigating authority, the body of the deceased was found in two parts, the neck lying outside the track and the remaining body on the track. Learned advocate Ms. Jhaveri further submits that there were no abrasion marks on the body of the deceased, nor was any witness examined to establish that the deceased had fallen from the train. She submits that no error has been committed by the learned Tribunal in relying upon the DRM report, which indicates that the deceased died due to self-inflicted injury and not on account of an untoward incident. By making these submissions, learned advocate Ms. Jhaveri prays for dismissal of the appeal and for upholding the order passed by the learned Tribunal.
6 Having considered the arguments advanced by the learned advocates for the respective parties and upon referring to the reasons assigned by the learned Tribunal, the substantial question that arises for consideration before this Court is whether the claim filed by the present appellants and the injuries suffered by the deceased fall within the ambit of an 'untoward incident' as defined under Section 123(c) of the Act, or whether the case is covered by the proviso to Section 124A(b) of the Act. For Page 5 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined determining the aforesaid question, certain undisputed facts are required to be set out, which are narrated hereinbelow:
6.1 The deceased was travelling from Mehsana to Abu Road with a valid ticket by DMU Train on 28.12.2024. When the train reached Chitrasani Railway Station, the Assistant Station Master, Shri Avadh Narayan, instructed the witness, Shri Rama Valmik, Pointsman, to hand over the crossing order to the Loco Pilot of the train. After doing so, when he returned to the station office, an unknown passenger shouted that a person had been cut off.
On rushing to the place of incident, he found that the neck of one person was severed, the body was lying between the tracks, and the neck was lying outside the track. As per the postmortem report, the following injuries were noted:
Body received in two parts.
(a) Skull (head) without upper jow.
(b) Trunk without lower jow, neck, upper, extremities and lower extremities. Large crashed and lacerated wound with open fracture on mandibular joint with facebone in zigzag manner which extended backward to occcipital bone and downward to bone of skull.
Red coloured muscles tissues.
Vertebra/muscle/trachea/esophagus/major and minor arteries and veins crashed and separated. Both ears torn at lower level. Clue of around 10 cm on right cheek, 6 cm long on left cheek.
Shoulder: laceration 2 in number sized 2X3 cm and 2X2 Page 6 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined cm approx.
Hand:laceration point on right hand sized approx 2X2 cm fracture seen. Right hand at wrist joint level. Knee:laceration 3 to 4 in number and sized about 4X2 cm, 3X3 cm and 1X1 cm. Laceration also present on anterolateral side. Left flanks sized about 2X2 cm. Scar of incision present on right iliac for yes ante-mortem."
6.2 The Aavak Vardhi No. 90 of 2014 records that the Station Master had conveyed information that one person was found cut off by the train. Further, the report submitted by the Station Superintendent indicates that, as per the initial intimation, one person had allegedly committed suicide in the DMU Train.
6.3 The certificate issued by the Police Sub-
Inspector, Palanpur Railway Police Station, reflects that at Chitrasani Railway Station, Platform No. 1, the accidental death of one Nitinbhai Shantibhai Patel occurred on 28.12.2014.
6.4 The statement of the brother of the deceased, Shri Chiragbhai Shantibhai Patel, recorded on 29.12.2014 by the ASI, reveals that the deceased had left the house without informing any family member. Additionally, the mobile phone recovered from the deceased shows 100 missed calls, which fact also finds mention in the statement of the Point Officer.
7 At this stage, reference of section 123(c) and 124A is Page 7 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined required to be made which reads as under:
"123(c): "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 (28 of 1987); or (ii) the making of a 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.] 124A. Compensation on account of untoward incidents.--When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident:
Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to--
(a) suicide or attempted suicide by him;
(b) self-inflicted injury;
(c) his own criminal act;
(d) any act committed by him in a state of intoxication or insanity;
(e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.
Explanation.--For the purpose of this section, "passenger" includes--
(i) a railway servant on duty; and Page 8 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined
(ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.] Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to--
(a) suicide or attempted suicide by him;
(b) self-inflicted injury;
(c) his own criminal act;
(d) any act committed by him in a state of intoxication or insanity;
(e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.
Explanation.--For the purpose of this section, "passenger" includes-- (i) a railway servant on duty; and (ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.]"
8 The concept of 'self-inflicted injury' as well as that of an 'untoward incident' has been elaborately discussed by the Apex Court in Union of India v. Rina Devi, reported in (2019) 3 SCC 572, wherein the Hon'ble Supreme Court has held as under:
"22: In Joseph PT (supra), the victim received injuries in the course of entering a train which started moving. Question was whether his claim that he had suffered injuries in an 'untoward incident' as defined under Section 123(c) could be upheld or whether he was covered by proviso to Section 124A clause (b). The High Court held that while in the case of suicide or attempt to commit suicide, intentional act is essential. Since the concept of 'self inflicted injury' is distinct from an attempted suicide, Page 9 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined such intention is not required and even without such intention if a person acts negligently, injuries suffered in such an accident will amount to 'self inflicted injury'. Relevant observations are :
"24. Therefore, the two limbs of the Proviso should be construed to have two different objectives to be achieved. We can understand the meaning of the term "self-inflicted injury" not only from the sources provided by the dictionaries, but also from the context in which it is used in the statute. The term "self- inflicted injury" used in the statute can be deduced as one which a person suffers on account of one's own action, which is something more than a rash or negligent act But it shall not be an intentional act of attempted suicide. While there may be cases where there is intention to inflict oneself with injury amounting to self-inflicted injury, which falls short of an attempt to commit suicide, there can also be cases where, irrespective of intention, a person may act with total recklessness, in that, he may throw all norms of caution to the wind and regardless to his age, circumstances, etc. act to his detriment. Facts of this case show that the appellant attempted to board a moving train from the off side unmindful of his age and fully aware of the positional disadvantageous and dangers of boarding a train from a level lower than the footboard of the train. It is common knowledge that the footboard and handrails at the doors of the compartment are designed to suit the convenience of the passengers for boarding from and alighting to the platform. And at the same time, when a person is trying to board the train from the non- platform side, he will be standing on the heap of rubbles kept beneath the track and that too in a lower level. Further more, he will have to stretch himself to catch the handrails and struggle to climb up through the footboard hanging beneath the bogie. The probability of danger is increased in arithmetic progression when the train is moving. Visualising all these things in mind, it can only be held that the act of the appellant was the height of carelessness, imprudence and foolhardiness. It is indisputable that the purpose of Section 124A of the Act is to provide a speedy remedy to an injured passenger or to the dependants of a deceased passenger involved in an untoward incident. Section 124A of the Act provides for compensation to a passenger or his dependants who suffers injury or death, as the case may be, in an untoward incident even where the untoward incident is not the consequence of any wrongful act, neglect or default on the part of Page 10 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined the Railway Administration. To this extent, it can be said to be a no-fault liability. Even though the provisions relating to payment of compensation in the Act can be said to be a piece of beneficial legislation, it cannot be stretched too much to reward a person who acts callously, unwisely or imprudently. There is no provision of law brought to our notice permitting the passengers to entrain from the non-platform side of the railway track. However, the counsel for the respondent did not show any provision of law prohibiting the same. The question whether an act by which a passenger sustains injury while boarding a train through the off side, is a self- inflicted injury or not depends on the facts of each case. Merely because a person suffered injury in the process of getting into the train through the off side, it may not be sufficient to term it as a self- inflicted injury, unless the facts and circumstances show that his act was totally imprudent, irrational, callous and unmindful of the consequences. All the facts and circumstances established in this case would show that the act of the appellant was with full knowledge of the imminent possibility of dangering his life or limb and therefore, it squarely comes within the term "self-inflicted injury" defined in Section 124A Proviso (b) of the Act."
9 It is true that the initial burden to establish whether the incident was an 'untoward incident' or a case of 'self-inflicted injury' lies upon the claimant, which burden can be discharged by placing on record an affidavit stating the relevant facts. Thereafter, the burden shifts upon the Railways, and the issue is required to be determined on the basis of the facts shown and the attending circumstances.
10 The facts narrated hereinabove indicate that the deceased had left home without informing the family members; that there were about 100 missed calls Page 11 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025 NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined found on his mobile phone; that the body was found in two parts, with the neck lying outside the track and the remaining portion between the tracks; and that the postmortem report did not reveal any injuries ordinarily associated with an accidental fall, such as abrasions, etc. In view of these circumstances, this Court is of the considered opinion that no error has been committed by the learned Tribunal in dismissing the claim of the appellants.
11 The reliance placed on the judgment of this Court in Union of India (supra) is misplaced. A perusal of the said judgment indicates that the case therein pertained to a passenger who, upon the train reaching the platform, fell while alighting to shift from the reserved compartment to the general coach and sustained injuries, and who ultimately succumbed to those injuries nearly one year after the incident. In that factual background, this Court had upheld the decision of the Railway Claims Tribunal granting compensation. The facts of the present case stand on an entirely different footing 12 In the opinion of this Court, the facts of the present case are clearly distinguishable, and therefore the said decision would not come to the rescue of the appellants in seeking compensation.
Page 12 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025NEUTRAL CITATION C/FA/696/2024 JUDGMENT DATED: 17/11/2025 undefined 13 Considering the overall facts and circumstances of the case, no error can be said to have been committed by the learned Tribunal. Accordingly, the present appeal fails and is hereby dismissed.
(M. K. THAKKER,J) M.M.MIRZA Page 13 of 13 Uploaded by M.M.MIRZA(HC01407) on Fri Nov 21 2025 Downloaded on : Fri Nov 21 23:43:14 IST 2025