Case Note & Summary
The High Court dismissed an appeal against the Railway Claims Tribunal's rejection of compensation for railway injury -- The appellant claimed compensation under the Railways Act, 1989 after being knocked down while waiting on a platform -- The Court found that medical records showed the appellant had consumed four large pegs of alcohol before the incident -- Applying the proviso to Section 124A of the Railways Act, 1989, the Court held compensation was excluded as the injury resulted from the appellant's own act while intoxicated -- The Court distinguished two Nagpur Bench decisions cited by the appellant where intoxication was not properly established -- Though the Tribunal's reasoning about 'untoward incident' was incorrect, the appeal was dismissed based on the intoxication exclusion
Headnote
The High Court of Judicature at Bombay dismissed an appeal challenging the Railway Claims Tribunal's order rejecting compensation under the Railways Act, 1989 -- The appellant, a Lab Assistant, was injured while waiting on a railway platform -- The Tribunal had rejected the claim on grounds that no 'untoward incident' occurred -- The High Court examined the proviso to Section 124A of the Railways Act, 1989 which excludes compensation if injury results from acts committed in a state of intoxication -- Medical records from Bombay Hospital indicated the appellant had consumed four large pegs of alcohol before the incident -- The Court held that standing near the platform border while intoxicated fell within clause (d) of the proviso to Section 124A -- The Court distinguished cited precedents where intoxication was not properly established -- The appeal was dismissed though for different reasons than those given by the Tribunal
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Issue of Consideration: Whether the Tribunal was justified in rejecting the claim of the applicant on ground of no 'untoward incident'
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Final Decision
The appeal was dismissed -- Though for different reasons than those given by the Tribunal, the Court held the appellant was not entitled to compensation due to intoxication exclusion under Section 124A of the Railways Act, 1989
