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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH S.PATIL
Bharathi Mohan Sonawane – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. tribunal dismissed railway death compensation claim (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. contentions on bonafide passenger status and untoward incident (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. evidence shows deceased boarded train and fell accidentally (Para 13 , 14 , 15 , 16) |
| 4. sc: train fall is untoward incident; affidavit proves passenger (Para 17 , 18 , 19) |
| 5. railways cases distinguished; affirmative holding for claimants (Para 20 , 21) |
| 6. appeal allowed; rs.9,94,000 compensation with interest awarded (Para 22 , 23 , 24) |
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 whic
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....
Mere absence of ticket does not negate bonafide passenger status; affidavit suffices to discharge burden. Falling from running train is untoward incident under no-fault liability, entitling dependent....
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.
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