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G. A. SANAP
Alka Wd/o Shrikrushna Dode – Appellant
Versus
Union of India – Respondent
JUDGMENT :
G.A. SANAP, J.
1. Heard finally with the consent of learned Advocates for the parties.
2. 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 10.01.2020, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellants/claimants for compensation under Section 16 of the Act of 1987 was dismissed.
3. Background facts:
4. The respondent-railway filed the written statement an
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 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 deceased died in an untoward incident and was a bona fide passenger, and the defence of negligence or contributory negligence was not available.
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 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 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.
The absence of a ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
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