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MANOJ KUMAR OHRI
Union Of India – Appellant
Versus
Kallan Singh – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as 'the Act'), the appellant/respondent has challenged the order dated 07.04.2021 passed by the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim petition filed by the respondents/claimants was allowed and they were held entitled to compensation.
2. Brief facts, as available on the record of the case, are that it in the claim petition it was stated that on 23.06.2019, Sh. Akshay Kumar (the deceased/son of the respondents) after purchasing a joint ticket travelled from Ballabhgarh to New Delhi Railway Station in an EMU train. Sh. Neutral Citation Number : Akshay Kumar alongwith his friend Hemant Singh @ Sonu boarded an EMU train. It was claimed that the train was over crowded for which reason both were standing near the gate of the compartment. When the train arrived near Mujesar level crossing, Sh. Akshay Kumar fell from the moving train and died on the spot. It was claimed that journey ticket was lost in the incident. Hemant Singh @ Sonu, who had undertaken journey alongwith the deceased was witness to the incident st
The absence of a journey ticket with the injured or deceased does not automatically negate the claim for compensation, and the burden of proof can shift based on the facts and circumstances of each c....
A passenger's absence of a journey ticket does not automatically negate their claim for compensation; the initial burden lies with the claimant, but can shift based on evidence presented.
The interpretation of 'bona fide passenger' and 'untoward incident' under the Railways Act, and the burden of proof on claimants in establishing their claim for compensation.
The absence of a train journey ticket does not disqualify a claim for compensation if sufficient evidence shows the deceased was a bona fide passenger.
The burden of proof lies on the railway administration to prove that a deceased passenger was not a bona fide passenger.
Claimants must prove bona fide passenger status by disclosing ticket purchase details; absence of ticket does not alone invalidate the claim.
The court reiterated that under strict liability provisions, complications surrounding a passenger's ticket do not negate the validity of compensation claims in cases of untoward incidents.
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