LexUNION OF INDIA AND ORS. versus SUNJL KUMAR GHOSH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
•
..
•
•
555
UNION OF INDIA AND ORS.
v.
SUNJL KUMAR GHOSH.
August 21, 1984
[A.P. SEN AND M.P. THAKKAR, JJ.)
Indian Railways Act 1890, Section 82-4.-Scope of-Bogie of pa~senger
train shunted at railway, station-Passenger travelling in bogie falling down
from 'train and hand crushed by train-Railway's liability for compensation-
Extend of .
~accldent'-What is-Explained.
Wor:ds and Phrases : 'accident'-Meaning of-Section 82A, Indian Railways
Act 1890.
The resPondent was travel1iog by train as a bona fide pasSeoger,
Wb~le the" bogic in wbic~ he was travelling was being shunted at a Railway
Station, the· respondent fell down from the train near the water column at
the end of lhe platform and his right band was crushed by that· part of the
iraiO wliich was being shunted.
. The District Judge did not accept the version of the respondent that
the bogie in which be was
travellin~ received a sudden jerk and that he
fell down on that account, and dismissed lhe applicatiC'D for compensation,
In appeal, the High Court, held that the word 'accident' in section
82A must mean to include within its ambit all incidents resulting in the
death of or bodily injury to any passenger during bis rail journey, occuring
in the course of working of a railway, if it involves a passenger train or
apart thereof. and awarded compensation on the premise that it was not
essential to establish that there was an 'accident to the train' by which the
passenger was trave11ing.
In the Appeal to this Court, on the question of liability of the
Railway Administration under Section 82A of the Indian Railways Act,
1890.
HELD: 1.
The liability under Section 82A will not be attracted
in the case of a mish:ip or injury sustained by a passenger on account of
falling down whilst getting on or off a running or stadonary train or
sustained when he slips in a compartment Or when something falls on him
wbilil travellin~. J\ll sq9h 111isbaps; when QOI
Qoqn~te<l with the acci<lent
A
B
c
D
E
II
G
ff
A
B
c
D
E
F
G
ff
SUPREME COURT REPORTS
[1985] I S.C.R •
to the train, or a part of it, would be accidents to the passenger only.
And until both the mishaps take place, one to the train, and another, a
sympathetic one to the passenger, the liability under section 82A of the
Act will not be allracted.
So alsO. unless the loss or damage to the
property of a passenger is attributable to the accident to the train, liability
under Section 82A will not be attracted. [562G·S63A)
In the instant case, liability under Section 82A will not be attracted,
as it cannot be said that there has been an accident lo the train and the
mishap has nexus with it. [562G)
2.
The philosophy of Section 82A appears to be to turn an existing
'fault liability into a 'fault' or no f<Jult'.liability.
And presumably in order
to be rfair' to the passengers who pay the 'fare' for a safe (safe from accident
to the train) journey, the legislature, with an eye on social welfare, bas
provided for compensltion by a summary proceeding and has m.ade the
liability fault-free. [561B-D]
3.
That the 'accident' envisioned by the first part of Section 87A( 1)
i! an accident 'to' the 'train' or 'a part of lhe train' is self-evident.
The
Section 'speaks of ·an accident by reason (Jf either ( l) collision or {2) derail-
ment or (3) mher accident to a train. [560G-H]
4.
What is provided is compensation for death or injury caused or
loss sustained on account of accident 'to' the train.
What is 'not' provided
is compensation for death of the passenger 'whilst' travelling or injury
sustained by a passenger 'whilst travelling on :he train, say, by reason or
his own act default or misfortune, which bas no nexus with the 'accident'
to the tral11.'
What the section does is t'l turn a liability which was
contingent on fault' into an 'absolute' liability.
What howe~cr, it does not
do,' is to provide a free insuran~e cover to the person and property of a
~a·.ssenger sO that compensatiori can be claimed for the accidental death
of Or injury to the passenger and or loss or damage to his property even
when there has been no 'accident' to the train carrying such a passenger.
[56 JE-G]
5.
An accident is an occurrence or an event which is
unforeseen
and startles one when it takes ptace but does not startle one when it does
not take place.
It is the happening of the unexpected, not the happening
of the expected, which is called an accident.
AExcerpt shown. Read the full judgment & AI analysis in Lexace.