The Calcutta High Court has set aside a Railway Claims Tribunal order and awarded compensation to the husband of a woman who suffered fatal injuries after falling from a train while attempting to get down when the train suddenly started.
Justice Biswaroop Chowdhury held that mere negligence by a passenger cannot by itself be used to deny compensation under Section 124A of the Railways Act, 1989.
Background of the Case
The case concerned an incident dated January 21, 2012, involving a passenger travelling with her husband and two children from Jhargram towards Howrah. According to the police and Railway enquiry reports, the train had stopped near Uluberia because of a signal.
The woman's husband and children got down from the train. When she attempted to get down, the train suddenly started and she fell, suffering serious head injuries. She was treated at different hospitals and died on March 5, 2012.
The Railway Claims Tribunal had dismissed the compensation claim in 2018, holding that the incident was not an “untoward incident” and that the claimant had not established the deceased's status as a bona fide passenger.
Court's Observation
The High Court examined Section 124A of the Railways Act along with Supreme Court decisions concerning accidental falls from trains and negligence by passengers.
The Court noted that the Railway's own records established that the woman had fallen from the train. It further considered the Supreme Court's ruling in Jameela v. Union of India, which held that negligence alone does not amount to a “self-inflicted injury” for excluding compensation under the statutory scheme.
The Court observed:
“Thus from the Judicial decisions as well as from the provisions of Section 124A of the Railways Act it will be clear that mere negligence of the passenger while travelling in a train is no ground to deny the compensation.”
The Court also held that the absence of the railway ticket from the deceased could not, in the circumstances, establish that she was not a bona fide passenger. Since she was travelling with her husband, the ticket could have remained with him.
Decision
The High Court concluded that the death resulting from the January 21, 2012 accident constituted an untoward incident under the Railways Act and that the appellant was entitled to compensation.
The Court allowed FMA 104 of 2021, set aside the Railway Claims Tribunal's February 9, 2018 judgment and directed payment of ₹4 lakh with interest at 9% per annum from the date of filing of the claim case till the judgment, or ₹8 lakh, whichever was higher.
The Railway authorities were directed to deposit the amount before the Registrar General within eight weeks.
Case Details:
Case Title: Sukumar Mondal v. Union of India, General Manager, South Eastern Railway
Case Number: F.M.A. 104 of 2021
Judge: Justice Biswaroop Chowdhury
Decision Date: September 15, 2026
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