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ABHAY AHUJA
Ashok S/o. Baburao Parde – Appellant
Versus
Union of India, Through the General Manager, South Central Railway, Secunderabad (A. P. ) – Respondent
JUDGMENT :
1. Being aggrieved by the judgment dated 02.02.2017, passed by the Railway Claims Tribunal (the “Tribunal”), Nagpur, in a claim petition for compensation, which was rejected by the Tribunal, the sons of the deceased have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987.
2. Brief facts are that the deceased Dhondabai, mother of the Appellants, while going from Gangakhed by train to meet her daughter at Jalna, fell down and succumbed to her injuries. It emerges from the statement of the Gangman/Keyman, Shri Santu Raoji Sawant that on 04.10.2012 at about 07:00 hours on the day of the incident, he was checking the railway track from Gangakhed Railway Station to Kilometer No.301 and while coming back, at about 13:00 hours, he came to know from some person that one lady was lying in a dead condition between the two lines at Kilometer No.299/1-2 and that, he informed the Station Master of the same at around 15:00 hours. Thereafter the Station Master has informed the Gangakhed Police for further action, after which, the Spot Panchanama, Inquest Panchanama and Post-mortem proceedings were undertaken.
3. Thereafter, a claim petition was preferred by the
The interpretation of the definition of 'passenger' under the Railways Act and the burden of proof for an untoward incident.
The court established that the deceased was a bona fide passenger with a valid journey ticket and that his death was in an untoward incident, entitling the claimants to compensation.
The court held that the deceased was a bona fide passenger and the incident constituted an ‘untoward incident’ under the Railways Act, thus entitling the claimants to compensation.
The incident of falling under a moving train constituted an untoward incident, entitling the appellants to compensation under Section 124-A of the Railways Act.
Strict liability under Section 124A of the Railways Act mandates compensation for untoward incidents involving bona fide passengers, regardless of negligence claims or absence of tickets.
The absence of a train ticket does not automatically negate the status of a bona fide passenger; compensation is due for deaths resulting from untoward incidents as defined under the Railways Act.
The absence of a valid ticket does not negate the status of a bona fide passenger, and the Railway Administration must prove any exceptions to liability under the Railways Act.
The deceased was a bonafide passenger and his death was caused in an untoward incident, entitling the claimants to compensation.
The court ruled that an accidental falling of a bona fide passenger from a train constitutes an 'untoward incident' under the Railways Act, mandating strict liability for compensation, irrespective o....
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