SHORT ANSWER: NO.
Railway compensation is not payable in every death or injury case. The incident
must fall within the statutory framework, and the statutory exclusions must not
apply.
|
Exception |
Position |
|
Suicide / attempted suicide |
Compensation is excluded. |
|
Self-inflicted injury |
Compensation is excluded. |
|
Passenger’s own criminal act |
Compensation is excluded. |
|
Act committed while intoxicated or insane |
Statutory exclusion applies. |
|
Natural cause / disease / medical or surgical treatment |
Excluded unless the treatment became necessary because of injury caused by the untoward incident. |
1. When is compensation generally payable?
Section 124A creates a no-fault statutory liability for death or injury caused by an untoward
incident. It is not necessary for the claimant to prove negligence or wrongful act of the
Railway.
Section 123(c) includes, among other things, the accidental falling of a passenger from a
train carrying passengers, and specified violent incidents occurring in or around railway
premises.
2. Important exceptions under Section 124A
3. Negligence by the passenger does NOT automatically defeat
the claim
In Union of India v. Rina Devi, Civil Appeal No. 4945 of 2018, decided on 09.05.2018, the
Supreme Court held that death or injury in the course of boarding or de-boarding a train
can constitute an untoward incident. Mere negligence of the victim cannot be treated as
‘self-inflicted injury’ so as to defeat a claim based on the no-fault principle.
4. What must be established in a Railway Claim?
The deceased/injured person must fall within the statutory concept of a passenger.
• The occurrence must constitute an accident under Section 124 or an untoward incident
under Section 123(c)/124A, as applicable.
• The death or injury must have resulted from that incident.
• The case must not fall within one of the statutory exclusions in Section 124A.
• Evidence such as ticket/travel documents, inquest, post-mortem, medical papers, police
papers, station records and witness evidence may be relevant depending on the facts.
5. Important practical point for Advocates
The correct question is therefore not simply ‘Did the person die or get injured on Railway
premises?’ The proper questions are: Was he a passenger? What exactly happened? Does
the occurrence satisfy the statutory definition? Is there a statutory exclusion? What
evidence proves the occurrence?
6. Current statutory compensation for death
The Supreme Court has noted that the prescribed compensation for death was enhanced
to ₹8,00,000 with effect from the 2016 amendment. The applicable amount in an individual
case can also involve questions concerning the relevant date and the principles explained
in Rina Devi and subsequent cases.
Key Authorities
• Union of India v. Rina Devi, Civil Appeal No. 4945 of 2018, Supreme Court, 09.05.2018.
• Union of India v. Radha Yadav — followed the principles concerning the applicable
compensation amount.
• Railways Act, 1989 — Sections 123(c), 124, 124A, 125 onwards.