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MANOJ KUMAR OHRI
Hukum Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
1. By way of present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as 'the Act'), the appellants/claimants have assailed the judgment dated 22.10.2020 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Claim Application No. OA/II(u)/GZB/61/2018 whereby the claim application filed on their behalf was dismissed.
2. The appellants claim that the Tribunal failed to appreciate that Sh. Hemraj (the deceased) was travelling on a valid journey ticket and the claim was corroborated by statement of a co-passenger, namely, Sh. Harswaroop who also appeared as a witness in the proceedings before the Tribunal.
3. Issue notice.
4. Learned counsel for the respondent accepts notice and has supported the impugned order. She has contested the appeal by contending that the journey ticket was not verified and further as per the DRM Report, the deceased had suffered injuries on account of his own negligence.
5. I have heard learned counsels for the parties and gone through the entire material placed on record.
6. Brief facts, in nutshell, are that in the proceedings before the Tribunal, it was clai
The concept of 'self-inflicted injury' requires intention to inflict such injury and not mere negligence of any particular degree. Injuries during boarding or de-boarding a train constitute an 'untow....
The recovery of the journey ticket on the same date established the deceased as a bona fide passenger, and the accident qualified as an 'untoward incident' under the Railways Act.
Negligence of the victim cannot be allowed in a claim based on 'no fault theory' under the relevant law.
The recovery of the journey ticket was crucial in establishing the deceased as a bonafide passenger, and the incident was classified as an 'untoward incident' as defined under Section 123(c) of the R....
Interpretation of 'untoward incident' under the Railways Act and the inapplicability of the concept of 'self-inflicted injury' in cases of liability based on 'no fault theory'.
A bonafide passenger possessing a valid privilege pass is entitled to compensation in untoward incidents, regardless of allegations of negligence.
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