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PRITHVIRAJ K. CHAVAN
Keshu Shankarlal Giri – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Prithviraj K. Chavan, J. - This is an appeal challenging the Judgment and Order passed by the Railway Claims Tribunal Mumbai Bench, Mumbai on 30th June, 2017 in Claim Application No. OA (II u)/MCC/0200/2012 by which the Tribunal dismissed the Claim Application of the appellants who are the dependants of one Shankarlal Giri (for short 'deceased').
2. Briefly stated the facts are as follows;
The deceased was aged about 55 years and was a private car Driver. He was travelling by an unknown local train from Bhandup to Dadar on a strength of a valid second class railway ticket. When the said train reached between Bhandup and Kanjurmarg Railway station, near K.M No.26/1B, due to overcrowded train, he fell off the running train resulting into amputation of both of his legs and ultimately resulting into his death.
3. The appellants, who are claimants, namely his widow and two major sons have moved an application claiming compensation of Rs.4,00,000/- which came to be dismissed by the Tribunal as above.
4. It is the contention of the respondent that the deceased was crossing the railway track and in that process, was hit by an unknown local train, resulting into his death. It is also t
The main legal point established in the judgment is the application of 'strict liability' and 'no fault liability' under Section 124-A of the Railways Act, and the need for a liberal and wider interp....
The main legal point established is that the exceptions in Section 124A of the Railways Act must be strictly proven by the railway administration, and the provisions for compensation should receive a....
The main legal point established in the judgment is the need for a liberal and wider interpretation of the Railways Act to advance its object, emphasizing the principle of strict liability and the re....
The court established that mere negligence does not constitute self-inflicted injury under the Railways Act, entitling dependents to compensation for death in an untoward incident.
Absence of a train ticket does not negate the status of a bona fide passenger, provided there is sufficient corroborative evidence to support the journey claim.
Compensation claims under the Railways Act for untoward incidents require proving bona fide passenger status; absence of valid tickets and unauthorized track presence negate claims.
The Railway Administration is strictly liable to compensate for the death of a bona fide passenger resulting from an untoward incident, irrespective of negligence, provided the incident falls within ....
Accidental fall from running train constitutes untoward incident for bonafide passenger; affidavit discharges initial burden, shifting to railways on preponderance of probabilities; no-fault compensa....
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