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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J
Rekha W/o Baban Naik – Appellant
Versus
Union Of India, Through – Respondent
| Table of Content |
|---|
| 1. incident details (Para 2) |
| 2. railways' defense (Para 3) |
| 3. appellant's testimony (Para 4) |
| 4. cross-examination admissions (Para 5) |
| 5. witness testimonies (Para 6 , 7) |
| 6. trial court's findings (Para 8) |
| 7. appellant's counsel submissions (Para 9) |
| 8. respondent's counsel submissions (Para 10 , 11) |
| 9. points for determination (Para 12) |
| 10. court's ruling (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
1. This First Appeal is at the instance of original Applicant whose claim for grant of compensation on the ground of death of her son in an incident which occurred on 9th July 2018 has been dismissed by the Railway Claims Tribunal vide impugned judgment dated 8th March 2023 passed in Application No.14 of 2019.
2. The contention in the Claim Application was that on 9th July 2018, the deceased was travelling from Thane to Kopar by local train in second class compartment holding a valid second class railway ticket and when the local train had reached near KM 46/10 and 46/11 between Kopar Railway Station and Diva Railway Station, due to push from the crowd, the deceased accidentally fell down from the train and sustained injuries and expired. It was pleaded
The court established that a deceased must be a bona fide passenger to claim compensation under the Railways Act, and evidence of trespassing negates such status.
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 ....
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....
Claimants must prove all relevant facts to establish entitlement to compensation under the Railways Act; mere deposition is insufficient without corroborating evidence.
The absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act, and incidents leading to death can be classified as untoward incidents warra....
Compensation claims under the Railways Act for untoward incidents require proving bona fide passenger status; absence of valid tickets and unauthorized track presence negate claims.
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