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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
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 the train, the deceased fell down from the train at Dondaicha Railway Station between Poll No.Km.190-09-08, and died on the spot due to untoward incident. It is further stated by the appellants that the deceased was travelling with valid second class railway ticket.
3) The railway contested the Claim Application by filing written statement, and they raised an objection that there was no untoward incident within the meaning of Section
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.
The Railway Administration is strictly liable to compensate for the death of a bona fide passenger resulting from an untoward incident, irrespective of negligence, provided the incident falls within ....
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