U. J. PHALKE
Suhas – Appellant
Versus
Union of India – Respondent
JUDGMENT/ORDER
1. Heard learned Counsel appearing for the parties.
2. By this appeal, the applicants-original claimants have challenged the judgment and award dtd. 2/7/2019 passed by the learned Member of Railway Claims Tribunal at Nagpur (for short, "Tribunal") in Case No.OA(llu)/NGP/265/2017, whereby the Tribunal rejected the claim of the claimants.
3. The facts, giving rise to filing of the present appeal, can be summarized as under :
3.2 In response to the notice, the Railway Administration resisted the claim of the claimants on the ground that the deceased was
Gurcharan Singh Vs. Union of India
Union of India Vs. Prabhakaran Vijaya Kumar and others
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 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 incident of falling under a moving train constituted an untoward incident, entitling the appellants to compensation under Section 124-A of the Railways Act.
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 a bona fide passenger's accidental fall from a train constitutes an 'untoward incident' under the Railways Act, entitling the victim's family to compensation, regardless of....
The deceased was a bonafide passenger and his death was caused in an untoward incident, entitling the claimants to compensation.
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 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....
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 train ticket does not automatically negate the status of a bona fide passenger; compensation is due for deaths resulting from untoward incidents as defined under the Railways Act.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.