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URMILA JOSHI-PHALKE
Vijay Namdev Barde – Appellant
Versus
Union Of India – Respondent
JUDGMENT
URMILA JOSHI-PHALKE, J. - Present appeal has been filed by the original claimants challenging the judgment and award passed by the Railway Claims Tribunal in Claim application OA (IIu)/NGP/12/2019 dtd. 7/2/2020, whereby the claim for compensation filed by the present appellants came to be dismissed (parties are referred as per their nomenclature before the Tribunal).
2. Present claimants (appellants) are the parents of deceased Akash Vijay Barde, aged about 22 years, who had filed the petition for compensation on account of death of Akash in an untoward incident alleged to have occurred on 17/4/2018 when deceased Akash was travelling by train bearing No. 12132 Pune - Nagpur Express with valid ticket. When the train reached near Belapur Railway Station deceased Akash left the seat to attend the nature's call and was standing at the entrance of bogie after attending nature's call was pushed. Hence, he fallen on the railway track and sustained injuries. As per the contention of the claimants deceased accidentally fell down and sustained injuries and died on the spot. As the death of the deceased is caused while boarding in the train, the claimants claimed compensation.
3. The re
The main legal principle established is the importance of establishing a person as a bona fide passenger and the need for a liberal interpretation of welfare statutes to ensure compensation for victi....
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 deceased was a bonafide passenger and his death was caused in an untoward incident, entitling the claimants to compensation.
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 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.
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 incident of falling under a moving train constituted an untoward incident, entitling the appellants to compensation under Section 124-A of the Railways Act.
The absence of a ticket does not negate the claim of being a bona fide passenger, and leaning out of a train does not constitute a self-inflicted injury under the Railway Act.
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