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MANOJ KUMAR OHRI
Union of India – Appellant
Versus
Dulari – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
1. By way of present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, the appellant has assailed judgment dated 06.08.2020 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Claim Application No.OA/II(u)/GZB/022/2018, whereby the claim petition filed by the respondents/claimants seeking death compensation was allowed.
2. Ms. Aakanksha Kaul, learned counsel for the appellant, has contended that the deceased was wrongly held to be a bonafide passenger as the journey ticket was not recovered at the spot on the date of the incident. It is also contended that the finding of the body of the deceased in the middle of the railway track does not lead to an inference that the deceased suffered fatal injuries, as claimed in the petition.
3. I have heard the learned counsel for the appellant and gone through the material placed on record.
4. A perusal of the record would show that in the claim petition, it was averred that Deepa (deceased) aged about 63 years undertook a train journey on 15.11.2017 from Amroha to Gajraula. The journey was undertaken after purchasing of ordinary second-class ticket. When the train reac
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'.
The court established that mere negligence does not constitute self-inflicted injury under the Railways Act, entitling dependents to compensation for death in an untoward incident.
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.
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 court clarified that the Railways Act mandates strict liability for compensation in railway accidents, with exceptions only when self-inflicted injuries can be clearly proven.
Absence of a train ticket does not negate the status of a bona fide passenger, provided there is sufficient corroborative evidence to support the journey claim.
Claimants are entitled to compensation for death due to a railway accident despite a lack of eyewitnesses, based on strict liability principles.
The court established that a deceased passenger found on railway premises can qualify for compensation under strict liability provisions, even if discrepancies arise concerning ticket routes.
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