In absence of any proof of suicide, incident of train hitting a bonafide passenger leading to his instant death, would amount to an untoward incident

It is the case of the widow that while deceased went to railway station to receive his son, he met with accident. The deceased was holding a valid platform ticket and was a bona fide passenger. It was however claimed by the Loco Pilot that the deceased committed suicide by sleeping on the railway track, since he was frustrated due to his ill-health. The widow of deceased nowhere suggested any such frustration or suicidal tendency on part of deceased. In absence of Loco Pilot Diary mentioning factum of suicide, the Railways failed to prove their theory of commission of suicide by deceased. The Bombay High Court held that incident of train hitting the deceased leading to his instant death, would be an untoward incident and his widow would be entitled to compensation.