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ARAVIND KUMAR, N. V. ANJARIA
Rajni – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. details of the incident and claims made (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding evidence and burden of proof (Para 6 , 7) |
| 3. court's observations on burden of proof and evidence evaluation (Para 8 , 9 , 10 , 12 , 13) |
| 4. legal principles regarding compensation claims under section 124-a (Para 11 , 14 , 15) |
| 5. final order and compensation awarded (Para 16) |
JUDGMENT
ARAVIND KUMAR, J.
1. Leave granted.
2. This appeal, by special leave, is directed against the judgment and order dated 15.05.2024 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur, in Miscellaneous Appeal No. 3451 of 2023. By the said order, the High Court affirmed the dismissal of the claim petition filed by the appellants under Section 16 of the Railway Claims Tribunal Act, 1987, seeking compensation on account of the death of late Sanjesh Kumar Yagnik in an alleged railway accident.
3. The brief facts, shorn of unnecessary details, are as under: On 19.05.2017, the deceased is stated to have purchased a second-class ticket at Indore Railway Junction for travel to Ujjain by train no. 12465, Ranthambore Express. It is alleged that due to overcrowding, he was pushed out of the running tr
The burden of proof for bona fide passenger status in railway accident claims shifts to the Railways upon credible evidence from the claimants, regardless of ticket recovery or procedural irregularit....
The burden of proof in railway accident claims lies with the railways to establish that the claimant was not a bona fide passenger, and compensation is determined based on applicable provisions at th....
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
The absence of a train journey ticket does not disqualify a claim for compensation if sufficient evidence shows the deceased was a bona fide passenger.
A bona fide passenger with a valid ticket is entitled to compensation under Section 124A of the Railways Act unless the Railway proves exceptions like suicide or self-inflicted injuries.
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