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JYOTI MULIMANI
M. R. Thippareddy S/o M. Rama Reddy – Appellant
Versus
Union Of India Represented By General Manager – Respondent
JUDGEMENT :
Though the matter is listed for admission, with the consent of learned advocates on both sides, it is heard finally.
2. Sri.Shashidhara R, learned counsel for appellant and Sri Abhinay Y. T., learned counsel for respondent, have appeared in-person.
3. For the sake of convenience, the parties shall be referred to in terms of their status and ranking before the Tribunal.
4. The claimants have preferred this appeal calling in question the judgment and award dated 14.11.2016 passed by the Railway Claims Tribunal, Bangalore Bench, whereby, the learned Member has dismissed the claim petition. It is this order which is called in question on various grounds as set out in the revision petition.
5. The petition averments are stated as under:
An application came to be filed under Section 16 of the Railways Claims Tribunal Act, 1987 read with Section 124-A of the Railways Act, 1989 (hereinafter referred to as ‘the Act’) by the claimants seeking compensation for the death of their son -Srinivasa Reddy.
It is stated that on 30.03.2012, Station Master Chikkajajur Railway Station appears
The mere absence of a journey ticket does not negate a claim of being a bona fide passenger under the Railways Act, as the initial burden lies on the claimants and shifts to the Railways to disprove ....
The burden of proof on the claimant to establish the deceased as a bona fide passenger with a valid journey ticket and the liability of the railway administration to pay compensation in the absence o....
The court established that the absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act.
The absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act, and incidents leading to death can be classified as untoward incidents warra....
Point of Law : Mere absence of ticket with such injured or deceased will not negative claim that he was a bona fide passenger. Initial burden will be on the claimant which can be discharged by filing....
The absence of a ticket does not negate the presumption of a passenger's status, and the Railway is liable for compensation under section 124-A for untoward incidents.
The court established that a bona fide passenger who suffers an accident while traveling is entitled to compensation under the Railways Act, and the definition of 'untoward incident' should be interp....
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