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M. S. JAWALKAR
Parvati Manikrao Bomble – Appellant
Versus
Union of India, through the General Manager, South Central Railway, Secunderabad – Respondent
JUDGMENT :
Heard learned Counsel for both the parties.
2. The present appeal is filed by the appellant being aggrieved by the judgment dated 14/02/2018 passed by the Member, Railway Claims Tribunal, Nagpur in Claim Application No.OA(IIu)/NGP/2015/0322, thereby dismissed the claim of the claimants.
3. The facts of the present case are as under :
The Railway Administration is strictly liable for compensation when a verified bona fide passenger dies in an untoward incident, barring specific statutory exceptions; evidence of bona fide passenger....
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
The court established that minor discrepancies in documentation do not negate a claim for compensation under the Railways Act when substantial evidence supports the claim of an untoward incident.
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 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....
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