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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH S.PATIL
Kalpana Natthu Shinde – Appellant
Versus
Union Of India Thr. General Manager – Respondent
| Table of Content |
|---|
| 1. tribunal dismissed compensation claim for railway death incident. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. issues framed on passenger status and untoward incident. (Para 7 , 8) |
| 3. affidavit proves bonafide passenger despite missing ticket. (Para 9 , 10 , 11 , 12 , 13) |
| 4. falling from running train is untoward incident. (Para 14 , 15 , 16 , 17 , 18) |
| 5. higher compensation with interest from accident date awarded. (Para 19 , 20) |
JUDGMENT :
RAJESH S. PATIL, J.
1) The present first appeal has been filed by the original claimants u/s. 23 of the Railway Claims Tribunal Act, 1987, challenging the impugned judgment dated 24/9/2021, passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai (for short ‘the Tribunal’), dismissing the Claim Application No.OA (II u)/MCC/0893/2014.
2) The appellants filed Claim Application before the Tribunal for granting compensation on account of death caused to Natthu Rama Shinde, who died in the railway untoward incident on 6/6/2012. It was the case of the appellants that on 6/6/2012, Natthu Rama Shinde, the husband of the appellant no.1, was travelling from Nandurbar to Dondaicha, travelling in Surat Bhusaval Passenger train, and due to sudden jerk in
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....
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 presumption of a passenger's status, and the Railway is liable for compensation under section 124-A for untoward incidents.
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 established that the absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act.
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