Railway Accident Compensation -- Passenger Jumping From Train Under Apprehension of Fire -- Not self-inflicted injury as conduct is instinctive act of self-preservation
(i) Railways Act, 1989, S.124-A -- Railway Accident Compensation -- Passenger Jumping From Train Under Apprehension of Fire -- A passenger who jumps from a train under bona fide apprehension of fire acts out of instinctive self-preservation and cannot be attributed intention to injure himself. Such conduct does not fall within the exclusion of self-inflicted injury under the proviso, which contemplates a deliberate or intentional act of self-injury. (ii) Railways Act, 1989, S.123(c) -- Untoward Incident -- Status of Passenger Deboarding Midway -- The contract of carriage between the Railway Administration and a passenger does not terminate merely because the passenger is compelled to alight midway due to extraordinary circumstances beyond his control. Where the journey remains incomplete, the status of passenger continues to subsist for purposes of statutory compensation. (iii) Railways Act, 1989, S.124-A -- Railway Accident Compensation -- Own Criminal Act as Exclusion -- The exclusion for death resulting from the own criminal act of the passenger under the proviso applies only where death is the direct consequence of an act amounting to an offence in law. Mere deboarding from a train in a state of panic cannot be elevated to a criminal act.
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