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G. A. SANAP
Satish – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(G.A. Sanap, J.)
1. ADMIT. 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"), challenge is to the judgment and order dated 30th August, 2023, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellant came to be dismissed.
3. BACKGROUND FACTS:
The appellant is the injured in this case. It is stated that on 21st September, 2018, he came to Pathrad Railway Station to go to Nanded. At the railway station, he purchased the journey ticket. After arrival of the Nizamabad-Nanded Passenger Train, the appellant, along with his friend Suraj Yedke, boarded the train. There was a heavy rush in the train. It is stated that while entering the train, there was a jerk to the train, and as a result thereof, he fell down and sustained the injury. His friend Suraj pulled the chain, and, therefore, the train was stopped. He sustained the injury to his right leg. His leg was crushed under the wheels of the train. He was carried by the same train to Nanded. The ticket was handed over by him to the police. It is stated that
Injuries sustained while boarding a train constitute an 'untoward incident' under the Railways Act, entitling bona fide passengers to compensation.
The main legal point established in the judgment is that the appellant's evidence was sufficient to prove that he was a bona fide passenger and that the injuries were sustained in an untoward inciden....
The burden of proof lies on the railway administration to establish whether an injured person found on railway premises is a bona fide passenger, and failure to do so makes the railway administration....
The legal point established is that the burden of proof lies with the claimant to show they were a bona fide passenger and sustained injuries in an untoward incident. The court also emphasized the ne....
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