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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J
Pinto Promothonath Sen – Appellant
Versus
Union Of India, Through General Manager – Respondent
| Table of Content |
|---|
| 1. claim for compensation (Para 1 , 2) |
| 2. defense of the respondent (Para 3 , 4) |
| 3. tribunal's findings (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. burden of proof (Para 13 , 14 , 15) |
| 5. definition of untoward incident (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 6. appeal outcome (Para 23) |
JUDGMENT :
1. The Appeal has been preferred at the instance of the Original Applicants whose claim for compensation on account of death of their son in an incident of 5th October, 2013 filed under Section 16(1) r/w Section 13(1-A) of Railway Claims Tribunal Act, 1987 r/w Section 124-A of the Railways Act, 1989 has been dismissed by the impugned Judgment dated 30th September, 2019.
3. The defence of the Respondent was that the deceased was not a bonafide passenger and the investigation report revealed that the deceased was run over while unauthorizedly crossing the railway tracks.
5. The Railway Claims Tribunal framed the following relevant issues:
ii) Whether the applicants prove that the deceased was a bonafide passenger of the train, in question, on the relevant day?
6. The Railway Claims Tribunal answered the Issue No. 1 in favour of the Applicants however, as regards the issues of the decease
The absence of a railway ticket does not negate a claim of being a bonafide passenger; the burden of proof shifts to the Railways once the claimant provides relevant evidence.
The absence of a ticket does not negate the claim of being a bona fide passenger, and leaning out of a train does not constitute a self-inflicted injury under the Railway Act.
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 was a bonafide passenger and his death was caused in an untoward incident, entitling the claimants to compensation.
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
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.
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 central legal point established in the judgment is the entitlement of claimants to compensation under Section 124-A of the Railways Act, 1989 in case of an untoward incident, and the exceptions u....
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 ....
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