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M. S. JAWALKAR
Meenabai Wd/o Dilip Gaikwad – Appellant
Versus
Union of India through its General Manager South Central Railway – Respondent
JUDGMENT :
Heard finally at the request and by the consent of the learned counsel appearing for the parties.
2. The present appeal is filed by the appellants being aggrieved by the Judgment and order dated 22/12/2020, passed in Case No. OA(IIu)/NGP173/2019 by Railway Claims Tribunal, Nagpur Bench, Nagpur. The claim petition of the appellants came to be dismissed by the said Tribunal.
3. The facts of the case are that on 26/04/2019, deceased Dilip S/o Maroti Gaikwad came to Gangakhed Railway Station along with his son Avinash and obtained one railway ticket for travelling from Gangakhed to Purna. Avinash handed over the said original ticket to his father and he kept the said ticket in his pocket and boarded in Parli Vaijnath to Akola Passenger (Train No.57540). After boarding his father in train, Avinash left Gangakhed Railway Station and returned to the place of marriage at Gangakhed. Deceased Dilip accidentally fallen down at Gangakhed Railway Station in untoward incident at KM No.297/4-5 between platform and running train and came under the wheels of the said running train and seriously injured. Concerned Police Officer admitted deceased Dilip in the Government Hospital Parbhani and
Negligence of the victim cannot be allowed in a claim based on 'no fault theory' under the relevant law.
The court clarified that the Railways Act mandates strict liability for compensation in railway accidents, with exceptions only when self-inflicted injuries can be clearly proven.
Absence of a train ticket does not negate the status of a bona fide passenger, provided there is sufficient corroborative evidence to support the journey claim.
The recovery of the journey ticket on the same date established the deceased as a bona fide passenger, and the accident qualified as an 'untoward incident' under the Railways Act.
The absence of a ticket does not negate a claim for compensation, and an eyewitness substantiating travel can shift the burden of proof to the Railways under strict liability principles.
The court established that a deceased passenger found on railway premises can qualify for compensation under strict liability provisions, even if discrepancies arise concerning ticket routes.
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