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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
G.A.SANAP
Urmila, Wd/o. Puran Gautele – Appellant
Versus
Union of India, Through its General Manager, Central Railway, C.S.T. Mumbai – Respondent
JUDGMENT :
G.A. SANAP, J.
1 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’), the challenge is to the judgment and order dated 01.03.2018, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur (for short ‘the Tribunal’), whereby the claim filed by the appellants/claimants for compensation under Section 16 of the Act of 1987 was dismissed.
3 Background facts:
Appellant No. 1 is the wife of the deceased - Puran Gautela. Appellant Nos. 2 to 4 are the sons of the deceased. They claim that on 01.01.2015, after purchasing a journey ticket, the deceased boarded a train at Nagpur to go to Badnera. The ticket was purchased for the deceased by appellant No. 2. The deceased boarded the train with a valid journey ticket. They stated that due to a heavy rush in the train and a sudden jerk to the train, the deceased fell from the running train and sustained serious injuries between pole No.836/19. He was shifted to Indira Gandhi Government Medical College for treatment by the railway police. His one leg was amputated in the accident. He died on 02.01.2015, due to
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 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 died in an untoward incident and was a bona fide passenger, and the defence of negligence or contributory negligence was not available.
The absence of a ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
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 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 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.
The deceased was a bonafide passenger and his death was caused in an untoward incident, entitling the claimants to compensation.
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