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MANOJ KUMAR OHRI
Prithvi Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Manoj Kumar Ohri, J.
1. The appellants have preferred the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against order dated 18.01.2022 passed by Railway Claims Tribunal, Principal Bench, Delhi in Claim Application No. OA/II/u/DLI/5/2021, whereby the claim petition preferred by the appellant/claimants was dismissed.
2. Facts of the case, as summarised in the impugned order, are extracted below :
A passenger retains bonafide status despite traveling beyond their ticket destination, and falling from a train constitutes an untoward incident entitling compensation under the Railways Act.
Section 124A of the Railways Act, 1989 imposes strict liability on Railways for deaths from untoward incidents, with no requirement for proving negligence or production of a ticket to establish bona ....
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.
Compensation claims under the Railways Act for untoward incidents require proving bona fide passenger status; absence of valid tickets and unauthorized track presence negate claims.
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....
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 established that a claimant must demonstrate foundational facts for compensation under the Railways Act; non-recovery of a ticket does not negate passenger status, and the railway's liabili....
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.
The absence of a journey ticket does not negate a claim for compensation under the Railways Act; once prima facie evidence of being a bona fide passenger is established, the burden shifts to the Rail....
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