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M. S. JAWALKAR
Dhaneshwar Rajak S/o Gula Rajak – Appellant
Versus
Union of India, Through its General Manager, South Central Railway – Respondent
JUDGMENT :
Heard.
2. Being aggrieved by the judgment passed by Railway Claims Tribunal, Member (Judicial) and Member (Technical) Nagpur Bench, Nagpur in Claim Application No. OA (Iiu)/NGP/125/2019 dated 02/03/2018 dismissing the claim of the appellants for Rs.8,00,000/- along with interest from the date of accident, the applicant preferred this Appeal.
3. The facts of the claimants case is as under : -
The original appellants have filed the Claim application on account of death of their son namely Dilip Dhaneshwar Rajak in untoward incident occurred on 21/07/2018. It is stated that on 20/07/2018 deceased along with his friend namely Jaykishan Singh was travelling from Bokaro to Secunderabad by boarding in the train No. 07008 (Darbhango to Secunderabad) Express train by purchasing valid railway ticket. When the train was passing from Makodi railway station suddenly there was smoke and fire was started coming in the bogie. It is submitted that the passengers were shouting for help and some had pulled the alarm chain. After stopping the train passengers were alighted from the bogie and for saving their life they came on the railway track at KM No.174/33- 31 up line in between Sirpur to Ma
The main legal point established in the judgment is the application of strict liability or no-fault liability in railway accidents under Section 124-A of the Railway Act.
Section 124A of the Railways Act, 1989 imposes strict liability on Railways for deaths from untoward incidents, with no requirement for proving negligence or production of a ticket to establish bona ....
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....
The absence of a journey ticket does not negate a claim for compensation under the Railways Act; once prima facie evidence of being a bona fide passenger is established, the burden shifts to the Rail....
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....
The absence of a ticket does not negate a claim for compensation if the deceased is proven to be a bona fide passenger, and death from falling from a train is classified as an untoward incident under....
The claimants must prove that the deceased was a bona fide passenger and his death was caused in an untoward incident to be entitled to compensation under the Railways Act, 1989.
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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