Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH S.PATIL
Taramati Udhav Gaikwad – Appellant
Versus
Union Of India, Thr. General Manager, Central Railway, Mumbai – Respondent
| Table of Content |
|---|
| 1. appeal challenges tribunal denial due to missing ticket proof. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. claimant affidavit proves bonafide passenger despite no ticket. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. falling from running train is untoward incident under strict liability. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 4. enhanced compensation with interest from accident date awarded. (Para 22 , 23) |
JUDGMENT :
RAJESH S. PATIL, J.
1) The present first appeal has been filed u/s. 23 of the Railway Claims Tribunal Act, 1987, challenging the impugned judgment and order dated 24/9/2019, passed by the Railway Claims Tribunal, Mumbai IInd Bench, Mumbai (for short ‘the Tribunal’), dismissing the Claim Application No.OA (IIU) MCC/2015/0380.
2) The appellant had filed Claim Application before the Tribunal claiming compensation on account of death of her son - Mahadev Udhav Gaikwad, who died in the untoward incident on 30/8/2014. The Tribunal dismissed the Claim Application No.OA (IIU) MCC/2015/0380, on 24/9/2019. Hence, the appellant is challenging the impugned judgment and order passed by the Tribunal by way of first appeal before this Court.
3) The appellant’s case is that on 26/8/20
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 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 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 ....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
