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SUNIL DUTTA MISHRA
Union Of India, Through The General Manager, East Central Railway – Appellant
Versus
Priyanka Verma Wife of Late Mantu Kumar – Respondent
JUDGMENT :
Sunil Dutta Mishra, J.
Heard learned counsel for the appellant as well as learned counsel for the respondent.
2. The instant appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 on behalf of the appellant/ Union of India against the judgment/ order dated 14.03.2016 passed by the Railway Claims Tribunal, Patna in O.A. No. 00643 of 2014 by which the Original Application filed by the Applicant/ respondent has been allowed and the Railway was directed to pay Rs. 4 lakhs along with interest.
3. The facts, in brief, giving rise to this appeal are that Mantu Kumar (husband of the applicant) had come to Gaya Junction from Vishakhapatnam on 27.04.2014 and after purchasing a second class valid train ticket from Gaya Junction on 27.04.2014 for going to Koderma, he had boarded the Train No. 13306 Down (Gaya-Dhanbad Intercity Express Train) at Gaya Junction. It is alleged that there was heavy rush in the general compartment of the train due to which the deceased was standing near the gate inside the Coach of the Train and due to heavy rush and intense jostling of passengers the deceased accidentally fallen down from the said running train about 1km East to Gaya
The absence of a ticket does not negate a claim of being a bonafide passenger; the burden of proof lies with the Railways to disprove such claims.
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
The court established that minor discrepancies in documentation do not negate a claim for compensation under the Railways Act when substantial evidence supports the claim of an untoward incident.
The court affirmed that a passenger's absence of a ticket does not negate their status as a bonafide passenger, and defined 'untowards incident' liberally under the Railway Act.
The absence of a railway ticket does not negate a claim of being a bonafide passenger; the burden of proof shifts to the Railways once the claimant provides relevant evidence.
The court ruled that an accidental falling of a bona fide passenger from a train constitutes an 'untoward incident' under the Railways Act, mandating strict liability for compensation, irrespective o....
The Railway Administration is strictly liable to compensate for deaths from untoward incidents unless exceptions under Section 124A apply; negligence is irrelevant to claim validity.
The absence of a ticket does not negate a claim for compensation if the deceased is proven to be a bona fide passenger, and death from falling from a train is classified as an untoward incident under....
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