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M. S. JAWALKAR
Kavita Wd/Shailesh Gavai – Appellant
Versus
Union of India, Through General Manager, Central Railway – Respondent
JUDGMENT :
Heard learned Counsel for the appellants and learned Counsel for the respondent.
2. Being aggrieved by the judgment and award dated 10/05/2018, passed by the Learned Railway Tribunal, Nagpur Bench, Nagpur in Claim Application No. OA(IIu)/NGP/0033/2018, whereby the learned Tribunal has pleased to dismiss the claim application of the appellants, the present Appeal is filed by the applicant.
3. The Brief facts of the claim petition is as under : -
On 17/10/2017, the deceased was travelling by the train no. 12627 Dn. Karnataka Exp from Daund to Itarsi along with his brother and other relatives, for which the deceased had purchased a valid journey ticket. It is further submitted that they all were returning from Braramati but there was no direct train from Baramati so they came up to Daund and from Daund they boarded Karnataka Express. When the said train was passing from the Jalgaon the deceased was going to washroom and the said train received the unexpected jerk due to which the deceased was pushed by the passenger and fell down from the running train at KM 413/17 DN line pole. The co-passengers took him to the hospital but deceased succumbed to the injuries. Therefore the dep
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 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 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.
Passengers can establish bona fide status without a ticket if oral and circumstantial evidence supports travel claims; accidental falls from trains qualify as untoward incidents under the Railways Ac....
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 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....
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