THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 13 of 2010 JUDGMENT : 1. The appeal has been preferred by the railways challenging the order dated 29.10.2009 in O.A.A. No.144 of 2006 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereunder and whereby the claim application filed by the claimants was allowed granting compensation of Rs.4,00,000/-. 2. The claimants filed the O.A.A. claiming compensation of Rs.4,00,000/- for the death of one Byurapuneni Pavan Kumar (hereinafter referred to as ‘the deceased’), who is son the claimants, in an untoward incident of accidental fall from passenger train no.E163 on 28.10.2005 at KM 303/25-23 between Ammanabrolu and Karavadi railway stations while travelling from Bapatla to Ongole with ticket bearing No.K38340940. 3. The railways filed its written statement denying the averments in the claim application and stating that it is not an accident and there were no jerks in the train and unless there is a fault on the part of the deceased, it was not possible to fall accidentally. 4. The Claims Tribunal, upon appreciation of the evidence on record, held that the deceased was a bona fide passenger and died in an untoward incident and accordingly granted compensation of Rs.4,00,000/-. Challenging the same, the present appeal has been preferred by the railways. 5. The only contention of the learned counsel for the railways is that due to negligence of the deceased only, the incident had taken place and therefore the claimants are not entitled to the compensation. 6. On the other hand, the learned counsel for the claimants contended that death of the deceased in an untoward incident is not denied or disputed; that under the Railways Act, 1989, defence of negligence on the part of the deceased is not available to the railway administration, and considering these aspects, the Claims Tribunal rightly granted the compensation, and there are no grounds to interfere with the same. 7. There cannot be any dispute that in order to claim compensation under Section 124A of the Railways Act, 1989, the first condition precedent to be proved by the claimants is that there is an untoward incident happened and in that incident, the deceased died; and the second condition is that such a person must be a bona fide passenger traveling in the passenger train. Untoward incident includes accidental falling of any passenger from a train carrying passengers. If these two requirements are satisfied, then the burden shifts to the respondent/railways to establish that no untoward incident had happened or that the case of the claimants falls under any one of the clauses mentioned in Section 124A of the Railways Act, 1989. 8. The incident, as such, is not in dispute. But, the ground taken by the railway administration is that the incident had taken place due to negligence of the deceased. Defences available to the railway administration are enumerated in Section 124A of the Railways Act, 1989. Unless the case falls under any one of the exceptions provided under proviso to Section 124A of the Act, the claim application cannot be dismissed. Negligence on the part of the deceased is not a ground for dismissing the claim application under Section 124A of the Act. The case of the railway administration does not fall under any one of the exceptions provided in Section 124A of the Act. In view of the fact that the deceased sustained injuries in an untoward incident, the claimants are entitled to compensation. With regard to second aspect i.e. whether the deceased was a bona fide passenger of the train or not, it is not in dispute before this Court that the deceased was a bona fide passenger travelling in the passenger train with a valid ticket. The ticket is also marked. Therefore, considering these aspects, the Claims Tribunal rightly granted the compensation, and there are no grounds to interfere with the same. 9. In the result, the Civil Miscellaneous Appeal is devoid of merit and is, accordingly, dismissed. No costs. --------------------- (K.C.Bhanu, J.) 18.8.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 13 of 2010 18.8.2011