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G. A. SANAP
Dagadu, S/o. Bhila Patil – Appellant
Versus
Union of India – Respondent
JUDGMENT :
In this appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987 (for short, “the Act of 1987"), the challenge is to the judgment and order dated 6th December, 2019, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellants came to be dismissed.
2. BACKGROUND FACTS:
The appellants are the parents of the deceased Swapnil Patil. They claim that on 4th August, 2016, the deceased, after attending his medical fitness examination at Nanded, had started his journey with his cousin to Jalgaon. At Manmad Railway Station, the deceased and his cousin Anil Patil boarded the Down Punjab Mail Train No.12137. According to the appellants, the deceased fell down from a running train between Km.342/6 and 342/8 in Tandalwadi Shivar of Railway Station Kajgaon. He sustained serious injuries and died. According to the appellants, the composite railway ticket purchased for the journey by the deceased and Anil Patil was with the deceased. The railway ticket was lost in the incident. The deceased was a bona fide passenger. The death was in an untoward incident, as understood by Section 123(c)(2) of the Railways Act, 1989 (for short, “the A
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.
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 mere absence of a journey ticket does not negate a claim of being a bona fide passenger under the Railways Act, as the initial burden lies on the claimants and shifts to the Railways to disprove ....
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 who suffers an accident while traveling is entitled to compensation under the Railways Act, and the definition of 'untoward incident' should be interp....
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.
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