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In our opinion the High Court has shut its eyes to the significance of the essential precondition engrafted in Section 82A in regard to the 'accident, to the train'. Why we say so will become evident presently.

A 'body scan' of the aforesaid provision (Section 82A) reveals that:-

(1) The machinery of the Section is set in motion only provided there is an 'accident'.

(2) The accident must be 'to' the train' or 'part of the train' carrying passengers.

(3) The accident to the train carrying passengers may be due to:

(a) Collision of two trains one of which is the train carrying passengers; or

(b) derailment of such train; or

(c) other accident 'to' such a train. (4) In case any passenger travelling by such train dies, or sustains any injury to his person or property, as a result of or on account of such accident to the train or a part of the train carrying passengers, compensation to the extent provided in the Section will become payable. (5) Such compensation will be payable regardless of whether or not the accident to the train carrying passengers is due to negligence or fault on the part of the railway administration.

That the 'accident' envisioned by the first part of Section 82A (i) is an accident 'to' the 'train' or 'a part of the train' is self-evident. The Section speaks of an accident by reason of either (1) collision or (2) derailment or (3) other accident to a train. There is therefore no room for any ambiguity on that score.

So also it cannot be gainsaid that the accident, adverted to therein cannot refer to an accident to a passenger 'whilst' on a passenger train even if the said train is not at all involved in any accident. Common sense and reason buttress this proposition, for, the philosophy of Section 82A appears to be to turn an existing 'fault' liability into a 'fault or no fault' liability. Why? Because a carrier who transports passengers as a part of his business, when he charges fare, impliedly guarantees to carry him with safety in so far as such safety is within his power. It is within his power to transport the passenger without an accident to the train, for such an accident is not something which is ordinarily or in the normal course of events inherent in the running of a train. And presumably in order to be 'fair' to the passengers who pay the 'fare' for a safe (safe from accident to the train) journey, the legislature, with an eye on social welfare, has provided for compensation by a summary proceeding and has made the liability fault-free.

What is the position when a passenger falls down from the train while the bogie, in which he is travelling, is being shunted? Say, when he is standing in the door frame or his trying to get in or get out of the train, on account of the jolt to the bogie at the time of impact with the rest of the train? Is it an accident 'to the train' so as to attract the liability under Section 82A? The answer substantially depends on the answer to the question: what is an 'accident'? An accident is an occurrence or an event which is unforeseen and startles one when it takes place but does not startle one when it does not take place. It is the happening of the unexpected, not the happening of the expected, which is called an accident. In other words an event or occurrence the happening of which is ordinarily expected in the normal course by almost every one undertaking a rail journey cannot be called an 'accident'. But the happening of something which is not inherent in the normal course of events, and which is not ordinarily expected to happen or occur, is called a mishap or an accident. Now a collision of two trains or derailment of a train or blowing up of a train is something which no one ordinarily expects in the course of a journey. That is why it falls within the parameters of the definition of accident. But a jolt to the bogie which is detached from one train and attached to another cannot be termed as an accident. No shunting can take place without such a jerk or an impact atleast when it is attached or annexed to a train by a shunting engine. If a passenger tumbles inside the compartment or tumbles out of the compartment when he is getting inside the compartment, or stepping out of the compartment, it cannot be said that an accident has occurred to the train or a part of the train. It is doubtless an accident 'to the passenger'. But not to the train. Otherwise it will have to be held that every time a bogie is detached in the course of shunting operation and attached or annexed to a train in the course of the said operation the train meets with an accident. And if such an event or occurrence is to be ordinarily expected as a part of every day life, it cannot be termed as an accident-accident to the train (or a part of it).