train carrying passengers. Section 124A of the
Railways Act with which we are concerned states:
"124A.....................
17. Section 124A lays down strict liability ... railway accidents. Hence, if a case comes within the purview of
Section 124A it is wholly irrelevant as to who was at fault
both the above Sections and sentenced him to undergo Rigorous Imprisonment for three years and fine of Rs. 5000/- under Section 124A ... considered as offence under Section 124A or under Section 505B IPC. Explanation 3 to Section 124A excludes such comments from preview of Section 124A , even
point out that Section 128 of the Act
provides that the right of the claimant under Section 124 or Section
124A shall not affect ... evident that Section 82-A of
the repealed Act corresponds to Section 124-A of the Railways Act,
1989. Section 124A was inserted
suggestions of this Court with respect to the amendment of
Section 123 and 124A of the Railways Act, 1989 shall be considered
separately ... material or circumstance for suspecting any of the
exceptions mentioned in Section 124A of the Railways
Act: -
(a) Suicide or attempted suicide
meaning of the expression in Section 123(c) read with
Section 124A of the Railways Act, 1989. This is in the judgment in the case ... cannot be an 'untoward incident' as per Section 123 (c) read with Section
124A of the Railways Act, 1989. The relevant portion
holding that the applicants were not entitled to any
compensation under Section 124A of the Act, because the
deceased had died by falling down from ... will not have any effect on the compensation
payable under Section 124A of the Act.
6. Chapter XIII of the Railways Act, 1989 deals with
considered view that the present case falls within the ambit of Section 124A of Railways Act, 1989, which was inserted ... Section 124A is reproduced as hereunder:
124A. Compensation on account of untoward incident - When in the course of working a railway an untoward incident occurs
through Section 166 that the claims in cases of deaths can
be made by legal representatives of the deceased.
2.3. As regards Section 124A proviso ... self-inflicted injury' occurring
in Section 124A is incongruous so as to cause an exception, especially when
"suicide or attempted to suicide
applicants, I
admit that some people subscribe to the view that Sec. 124A, being a
beneficial piece of legislation call for a more liberal interpretation ... placed on behalf of
the Railway on the proviso to Section 124A of the Act which
provides that no compensation will be payable under that
placed on behalf of the
Railway on the proviso to Section 124A of the Act which provides
that no compensation will be payable under that ... case of the claimant is covered by the provision
of Section 124A as because of his own negligence the
deceased had fallen down from
