SMT. MANGAL BHANUDAS THOMBARE v. UNION OF INDIA, THROUGH THE GENERAL MANAGER,
Compensation for Railway Accidents: Death While Boarding a Moving Train Constitutes an "Untoward Incident" and Not a Self-Inflicted Injury Under the Railways Act, 1989.
Court: Bombay High Court
Citation: 2026:BHC-AS:9346
Decision Date: 23-02-2026
List of Laws
The Railways Act, 1989; Section 123(c)(2) of the Railways Act, 1989; Tort Law - Statutory Compensation; Precedent - Union of India vs. Rina Devi
- Facts: The deceased was traveling with family members and had purchased valid tickets to travel from Pimpri to Bhilavdi via the Sahyadri Express. While boarding, the train started moving, causing the deceased's brother's wife to lose her balance. In an attempt to save her and board the train himself, the deceased fell into the gap between the platform and the train, resulting in his death under the wheels. The Railway Claims Tribunal dismissed the compensation claim, labeling the act as negligence and not an untoward incident.
- Procedural Posture: This is a First Appeal filed by the original applicant (the appellant) before the High Court of Bombay, challenging the order dated 28 February 2018 passed by the Railway Claims Tribunal, Mumbai, which had rejected the claim for compensation.
- Issue: Whether the death of a passenger while attempting to board a moving train, particularly while trying to assist another passenger, constitutes an "untoward incident" under Section 123(c)(2) of the Railways Act, 1989, or if it should be classified as a "self-inflicted injury" due to negligence.
- Holding: Yes, the incident constitutes an "untoward incident". The High Court set aside the Tribunal's order and held that the appellant is entitled to compensation.
- Reasoning: The Court reasoned that the issue is no longer "res-integra" following the Supreme Court's decision in Union of India vs. Rina Devi, which clarified that death or injury during boarding or de-boarding falls within the ambit of an "untoward incident" and cannot be termed a "self-inflicted injury" merely due to negligence. Since the deceased was a "bona fide passenger" with a valid ticket, the accidental fall from a train carrying passengers squarely meets the definition under Section 123(c)(2) of the Railways Act, 1989. The Court emphasized that the protective scope of the Act extends to such accidents, regardless of the passenger's perceived negligence in the moment.
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