Passenger — Person holding a valid platform ticket cannot be considered as passenger — Railways Act, 1989 S. 2(9).

[Smt. Puttamani and Ors.
v. UOI, AIR 2010 Karnataka 109]

A person holding a platform
ticket falls from a moving train and later dies. Whether the Railway
Administration can be fastened with the liability to pay compensation for the
death of such a person on an application filed by the wife and daughters of the
deceased. This was the question that had come up for consideration before the
Railway Claims Tribunal. The application filed by them was dismissed by the
Tribunal.

The Court held that the
definition u/s.2(29) of the Act makes it clear that in order to consider a
person travelling in train as a passenger, he must possess a valid pass or
ticket and a person who merely holds a valid platform ticket is not entitled to
travel in train as a passenger. S. 123(c)(2) makes it clear that if a person
travelling as a passenger in a train accidentally falls from a train carrying
passengers, such an act would come within expression untoward incident. In the
instant case deceased was not carrying any valid ticket or valid pass so as to
treat him as a passenger. Although S. 124A in explanation mentions that for
purpose of S. 124A, a person who had a valid platform ticket is also included
within meaning of ‘Passenger’, the said explanation (ii) also makes it clear
that even while including a person holding a platform ticket within expression
‘Passenger’, care is taken to also mention that the said expression also
includes a person who has purchased valid ticket for travelling a train carrying
passengers.

Expression untoward incident
which has been explained in S. 123(c) makes it clear that if any unfavourable
incident like Commission of Terrorist Act, making of a violent attack or
commission robbery or dacoity or indulging in rioting shoot-out or arson by any
person in or on any train carrying passengers, or in a waiting hall, cloak-room
or reservations or booking officer or on any platform or in any other place
within the precincts of a railway station would come within the said expression
‘untoward incident’ and also of passenger falling from a train carrying
passengers. Therefore, the Court held that if a person holding a platform ticket
becomes victim of untoward incident mentioned in S. 123(c) in such an event for
purpose of paying compensation in a respect of victim of a untoward incident
even a person holding platform ticket can be included within the expression
‘passengers’. Though accident is unfortunate one, having regard to provisions of
the Railways Act, the instant case the deceased who had a platform ticket and
fell from a moving train cannot be brought within hold of expression ‘accidental
falling of any passengers from a train carrying passengers’.