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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR
Lakshmi W/o Late Raghavendra – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
The appeal is filed by appellants/claimants questioning the judgment dated 18.12.2024 passed in Claim Application No.OA (II U)/SBC/0052/2023 by the Railway Claims Tribunal, Bengaluru, thereby, the application filed by the claimants is dismissed.
2. It is the case of the claimants that the deceased was the resident of Kudali of Hunasagi Taluk and was a businessman. His grandmother had a paralysis attack and the deceased accompanied his grandmother to Karawar for her treatment. After completion of treatment, the deceased left from Karawar and went to Bengaluru for his contract work. Therefore, he informed his children over phone that he would be proceeding to Bengaluru. Thereafter, on 03.06.2022 he was travelling by train and during the course of journey, he fell down accidentally from the train and as a result of which, he sustained injuries and died on the spot. The application filed by the claimants was dismissed by the Tribunal on the reason that the deceased was not the bonafide passenger as the claimants have not produced the journey ticket.
3. Questioning the decision made in the claim petition, the claimants filed the appeal by raising various
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.
The initial burden of proof lies with the claimant to establish a deceased's status as a bona fide passenger, which can shift to the railways upon presenting relevant evidence.
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 Court affirmed that a passenger's accidental fall from a moving train constitutes an 'untoward incident', ensuring compensation under the no-fault principle without regard to negligence.
Strict liability applies in railway accident claims; proof of ticket not mandatory if other evidence supports passenger status.
The absence of a ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
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 ....
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