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URMILA JOSHI-PHALKE
Leelabai Wd/o Waman Chandekar – Appellant
Versus
Union of India, Through its General Manager, Central Railway – Respondent
JUDGMENT :
1. Heard learned Counsels appearing for the parties.
2. The judgment and award passed by the Railway Claims Tribunal, Nagpur (for short, “Tribunal”) in case No.OA(IIu)/NGP/249/2017 dated 04.06.2019 is under challenge in this appeal by the claimants as the Tribunal dismissed the claim of the claimants.
3. The facts giving rise to filing of the present appeal can be summarized as follows :
On 17.02.2017, the deceased Rushikesh alongwith Rajesh, Gajanan and Prafulla came at Nagpur from Hinganghat. All four of them were proceeding to Pachmarhi for ‘Mahadev Yatra’. Rajesh i.e., appellant No.2 purchased railway ticket from Nagpur to Amla and they boarded in Gorakhpur Express from Nagpur Railway station. Due to heavy rush on the platform, the deceased and his friends boarded in different bogies. During the journey, the deceased fell down from the running train at KM No. 1029/3 near Bharatwada Railway Station, however, as the companions of deceased were in a different bogies, they were not aware about the incident. On arriving at Amla Railway Station, the deceased was not found, but other three friends completed the Yatra and returned at Hinganghat. Subsequently, they came to kn
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.
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 the claim of a deceased being a bona fide passenger under the Railway Act, and compensation is payable under strict liability principles.
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.
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....
The absence of a ticket does not negate the status of a bona fide passenger under the Railways Act, and injuries sustained while boarding a train constitute an 'untoward incident' entitling the victi....
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 court established that a bona fide passenger's accidental fall from a train constitutes an 'untoward incident' under the Railways Act, entitling the victim's family to compensation, regardless of....
The absence of a valid ticket does not negate the presumption of a passenger's bona fide status, and the Railway Administration is strictly liable for untoward incidents.
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