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24.It is not clear that how the appellant was allowed to travel in the aforesaid train if the appellant’s journey was to terminate at Jolarpet railway station and if the said train was not scheduled to _____________ http://www.judis.nic.in Page No 12 of 17 stop at Jolarpet station. Had the railway authorities checked the tickets and advised the appellant to terminate the journey at the inception of the journey and the appellant was instructed to take an alternate train, perhaps the appellant may have not travelled by the said Train No.2624 Trivandrum Express.

25.Even though the appellant had attempted to disembark from a moving train, the Respondent Railways cannot disown their liability and responsibility inasmuch as they did not check the ticket when the appellant boarded the aforesaid train on the previous night to travel to Jolarpettai Junction. Further, Sections 124 and 124-A of the Railways Act, 1989 is based on the principle of strict liability. As per the aforesaid provision, compensation is payable whether or not there has been wrongful act, neglect or fault on the part of the Railway Administration in the case of an accident or in the case of an “untoward incident”.