Family Of Authorised Catering Hawker Who Fell From Train Entitled To Compensation Under Railways Act: Gujarat High Court

The Gujarat High Court has upheld an order holding that an authorized hawker employed for catering service by the Railways is entitled to accident compensation under the Railways Act. [2026 LiveLaw (Guj) 173]In doing so the court upheld an order passed by the Railway Tribunal granting compensation to the wife of deceased man employed by catering company, who had died after he fell from a running train while crossing compartments. Justice JC Doshi observed that Railway administration failed to prove that deceased had attempted suicide or attempted no cause injury despite knowing damage. It said that the principle of 'no fault' liability fundamentally displaces traditional causation requirements, establishing that compensation is available irrespective of fault attribution. "In the context of 'no fault' liability, the concept of self inflicted injury generally does not apply. It is hard to believe that deceased has deliberately caused injury to cause harm," the court said. The court said that the Railways' contention that the deceased as a hawker or waiter serving under the catering agency inflicted self-injury by trying to jump or cross from one compartment to another compartment in a running train would amount to contributory negligence, cannot be accepted under the concept of “no fault” liability.The court also upheld the tribunal's finding that the deceased was a railway employee. It said that the Railway Tribunal had considered the deceased as “railway servant” on the ground that he was employed for railway in connection with the service thereof. "Learned Railway Tribunal in impugned judgment in para 5 refers to Section197(2) of the Railway Act and held that for the purpose of Section 7, 24, 113, 146, 172 to 176 and 188 to 190, the expression “railway servant” mainly into the person employed under the Railway in connection with the service thereof by a person fulfilling a contract with the railway administration. Apt to note that M/s Boon Catering Pvt Ltd was serving as catering agency. Page no.203 of paper-book indicates that the catering contract was executed between the Manager of the Western Railway with M/s Boon Catering Pvt Ltd from 2nd March, 2015 for five years, meaning thereby, the contract was executed for the time period commencing from 2nd March, 2015 to 3rd March, 2020. It is not the case of the Western Railway that this agreement was discontinued in middle of the contract. Thus, when deceased died, he was serving as hawker/waiter of catering company where contract was subsisting on that day," the court said. The court was hearing the Railways' appeal against an order passed by the Railway Tribunal granting Rs. 8 Lakh as compensation to the wife of the deceased Hariprasad Gupta. The tribunal had held that the deceased was a "bonafide passenger as an authorized hawker/waiter of M/s Boon Catering Pvt. Ltd" and was traveling from Porbandar to Muzaffarpur as an authorized hawker/waiter in pantry car serviced by the catering company in Motihari Express.When the train was near Chamaraj Railway Station, the deceased who was crossing from one compartment to another compartment, fell due to sudden jerk from the running train after losing his balance and sustained multiple grievous injuries, resulting into instantaneous death.Railways said that the deceased was not an employee of Railways. It was argued that on the day of the incident, the deceased was not even an employee of M/s Boon Catering Pvt Ltd and was not authorized to travel in train as hawker/waiter and was thus not a 'bonafide passenger'. The court dismissed the Railway's appeal and upheld the tribunal's order. Case title: UNION OF INDIA v/s MEENADEVI W/O HARIPRASAD GUPTA & ORSR/FIRST APPEAL NO. 507 of 2024Click Here To Read/Download OrderCitation: 2026 LiveLaw (Guj) 173

Family Of Authorised Catering Hawker Who Fell From Train Entitled To Compensation Under Railways Act: Gujarat High Court

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Family Of Authorised Catering Hawker Who Fell From Train Entitled To Compensation Under Railways Act: Gujarat High Court

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