Apurba Biswas v. Union of India

#16. The contention that the names of witnesses appearing in certain documents differ from those appearing elsewhere does not alter the core facts recorded by official agencies. Neither the inquest report nor the final report attributes the death to any cause other than a fall from a train.

#17. The submission that the post-mortem report does not expressly state "fall from train" overlooks the purpose of medical evidence. A medical officer determines the cause of death and the nature of injuries; the precise mechanism by which the victim came to sustain those injuries is ordinarily gathered from the surrounding circumstances and investigative records. The post-mortem report herein attributes death to injuries sustained in a railway accident, a circumstance entirely compatible with the appellant's case.

#18. The plea that there existed doubt regarding territorial jurisdiction is equally devoid of substance. The journey originated from Samudragarh, the destination was Ambika Kalna, the occurrence took place near Kalna Railway Station, and the claimant resides within the State of West Bengal. The Tribunal rightly possessed territorial competence to entertain the claim. 5

#19. Section 124A of the Railways Act embodies a principle of strict liability. Once it is established that the victim was a bona fide passenger and death resulted from an untoward incident, compensation follows as a statutory consequence. Proof of negligence on the part of the Railway Administration is not a condition precedent.

#20. The Supreme Court in Union of India v. Prabhakaran Vijaya Kumar and later in Union of India v. Rina Devi clarified that accidental fall from a train carrying passengers squarely falls within the ambit of an untoward incident and that compensation cannot be denied merely because the victim was standing near the doorway or because negligence is attributed to the passenger. The burden rests upon the Railway Administration to establish the existence of one of the statutory exceptions.

#21. On the contrary, every material document generated immediately after the occurrence—the inquest report, final report, seizure list, post-mortem report, RPF report and DRM investigation—points towards a passenger travelling with a valid ticket who fell from a running train and sustained fatal injuries.

#22. The evidentiary record, when examined as an integrated whole, presents a coherent and compelling account. Archana Biswas was a bona fide passenger travelling from Samudragarh to Ambika Kalna with a valid railway ticket. During the course of that journey she accidentally fell from the running train near Kalna Railway Station and succumbed to the injuries sustained in the occurrence. The incident answers the statutory description of an "untoward incident" under Section 123(c)(2) of the Railways Act, 1989. The Railway Administration has not succeeded in establishing any 6 circumstance capable of attracting the exceptions contained in the proviso to Section 124A of the Railways Act.

#23. The Learned Tribunal, while dismissing the claim, assigned disproportionate weight to perceived discrepancies and failed to accord due significance to the contemporaneous official records that consistently supported the appellant's case. The conclusion reached by the Tribunal, therefore, cannot be sustained.

#24. Accordingly, the appeal succeeds.

#25. The judgment and order dated 25th August, 2020 passed by the learned Vice-Chairman, Railway Claims Tribunal, Kolkata Bench in Claim Application No.OA(IIU)/KOL/2014/0395 stand set aside.

#26. The appellant shall be entitled to statutory compensation in terms of the law declared in Rina Devi, namely the amount prescribed on the date of adjudication or the amount applicable on the date of the accident, whichever is higher. Since the accident occurred on 04.06.2014 and the claim remained pending for a considerable period through the adjudicatory process, the appellant shall receive compensation of Rs.8,00,000/- together with interest at the rate of 6% per annum from the date of the Tribunal's order till actual payment.

#27. The Railway Administration shall release the aforesaid amount in favour of the appellant within twelve weeks from the date of communication of this judgment. The appeal is, thus, allowed with the aforesaid directions.

#28. In view of the above discussions, the appeal being FMA 1341 of 2024 is allowed.

#29. Accordingly, the appeal is disposed of. 7

#30. The connected application, if any, shall stands disposed of.

#31. Parties to act upon the server copy of this judgment.

#32. The urgent certified copy of this order be provided complying terms and conditions. (Ananya Bandyopadhyay, J.)