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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH S.PATIL
Bharathi Mohan Sonawane – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
RAJESH S. PATIL, J.
1) The present first appeal is filed u/s.23 of the Railway Claims Tribunal Act, 1987, challenging the impugned judgment and order dated 5/3/2021 passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai (for short ‘the Tribunal’), in OA (II u)/MCC/1223/2013.
2) The appellants filed Claim Application before the Railway Tribunal. It was the appellants’ case that the husband of the appellant no.1 was travelling as a bonafide passenger from Mumbai Central to Borivali station, on the strength of a second class Railway Privilege Free pass and he accidentally fell down from a running train, thereby sustaining head injuries due to which he died.
3) The Railways filed their reply to the Claim Application and submitted that in the DRM Report dated 16/10/2009, on duty SS/BCT (M) received information that one unknown male lying dead at Km.no.5/104b near point no.126 Platform no.05 at Mumbai Central Railway Station. The Station Master did not mention any reason of the incident in the memo, but the GRP mentioned in the inquest panchanama that the deceased was knocked down by an unknown shunting train and sustained injuries and died on the spot. Trespassing being an o
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....
The absence of a valid ticket does not negate the presumption of a passenger's bona fide status, and the Railway Administration is strictly liable for untoward incidents.
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 burden of proof lies with claimants to establish the deceased as a bona fide passenger and that the death resulted from an untoward incident under the Railways Act, which was not met in this case....
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 deceased was a bonafide passenger and his death was caused in an untoward incident, entitling the claimants to compensation.
The court established that a bona fide passenger who suffers an accident while traveling is entitled to compensation under the Railways Act, and the definition of 'untoward incident' should be interp....
The court established that the absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act.
The court held that the deceased was a bona fide passenger and the incident constituted an ‘untoward incident’ under the Railways Act, thus entitling the claimants to compensation.
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