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G. A. SANAP
Union of India – Appellant
Versus
Ganesh Nivrutti Hiwade – Respondent
JUDGMENT :
G. A. Sanap, J.
Heard learned Advocate for the appellant.
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 01.04.2010, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur (for short 'the Tribunal'), whereby the claim filed by the respondents/claimants for compensation under Section 16 of the Act of 1987 was allowed.
3. Background facts:
The claimants are the parents of the deceased. They claim that on 11.04.2006, the deceased, while travelling from Akola to Badnera, fell from a moving train between Murtizapur and Mana Station and died due to the injuries sustained by him. Respondent No.1 had come to the railway station to see off the deceased. The deceased had purchased the ticket for Rs. 11/-. The passenger train was late & therefore, respondent No.1 went back to his home. It is stated that the deceased fell from a moving train due to the sudden jerk to the train and died due to the injuries sustained by him. The ticket purchased by the deceased was lost in the accident. The deceased was a bona fide passenger. The death was in an untoward incident. There
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 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 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 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 absence of a ticket does not negate the claim of a deceased being a bona fide passenger under the Railway Act, and compensation is payable under strict liability principles.
Accidental fall from running train constitutes untoward incident for bonafide passenger; affidavit discharges initial burden, shifting to railways on preponderance of probabilities; no-fault compensa....
Point of Law : Mere absence of ticket with such injured or deceased will not negative claim that he was a bona fide passenger. Initial burden will be on the claimant which can be discharged by filing....
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.
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