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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J
Jagesingh Dubersingh Nayak – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. First Appeal has been preferred by the original Claimants challenging the dismissal of their application for compensation by the Railway Claims Tribunal vide judgment dated 9th April, 2009.
2. The claim was filed seeking compensation for loss occasioned due to death of their son in an incident alleged to be an untoward incident on 22nd November, 2024. The Tribunal has dismissed the claim application on both counts of the deceased not being a bona fide passenger and that the death was not a result of untoward incident.
3. The Application came to be filed by Appellants pleading that the deceased had accidentally fallen down from an unknown local train near Lower Parel Railway Station on 12th November 2004 and died on 22nd November 2004 at Nair Hospital and that he had fallen due to excessive rush in local train. It was pleaded that he was holding a valid second class return ticket issued at Dadar Railway station which was lost in the untoward incident which ticket was purchased by the brother of deceased–Sugriv. Along with the Application, copy of post mortem report, panchnama, police report etc., were produced.
4. The Railways resisted the claim contending that deceased wa
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 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 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 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 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 a deceased being a bona fide passenger under the Railway Act, and compensation is payable under strict liability principles.
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