SC Restores Compensation for Railway Train Accident Victim
ection 124-A of the Railways Act – Liability is strict and compensatory
SC – Absence of Ticket Not Fatal for Untoward Railway Accident
Judgment dated 25.9.2026 of the Supreme Court of India in Civil Appeal No.12951 of 2026 of Sukhabhai Nanjibhai Makwana and another Vs. Union of India
The appellants are the unfortunate parents of one Maheshbhai, who while travelling to Surat via Ahmedabad on 27.09.2017 was a victim of an ‘untoward incident’. While travelling in the general compartment of the train, he fell down on account of a sudden jerk and jolt when the said train was between Sabarmati and Ahmedabad Railway Stations. He sustained multiple grievous injuries and was admitted in hospital. He, however, succumbed to his injuries on 31.10.2017
The Railway Claims Tribunal granted compensation. However, the High Court allowed the appeal and held that there was no evidence of fall of the victim from the train and therefore, it was not an “untoward incident.
In these circumstances, we are of the view that the Tribunal was justified in concluding that the victim was a bona fide passenger. The High Court gave undue importance to the absence of the railway ticket without taking into consideration the statement made on oath by the victim’s father and the fact that the victim had been hospitalised for a period of more than one month. On preponderance of probabilities, it can be concluded that the victim was a bona fide passenger and that absence of recovery of his ticket cannot result in defeating the claim for compensation. The principle of ‘strict liability’ flowing from Section 124-A of the Act of 1989 as held in Union of India vs. Prabhakaran Vijaya Kumar & Others8 is clearly attracted.
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