MANOJ KUMAR OHRI
Vikram Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J.
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 order dated 04.08.2020 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Claim Application No. O.A./II(u)/GZB/30/2016 whereby the claim application filed on behalf of the appellants was dismissed.
2. Briefly, the facts as emerged from the material placed on record are that the appellants had filed a claim application before the Tribunal. In the said application filed by the appellants, it was stated that their son Ganga Singh (deceased) was unmarried and aged about 24 years. On 08.08.2015, he undertook a train journey from Delhi to Meerut after purchasing a valid journey ticket at New Delhi Railway Station. As there was heavy rush, he could not find a seat and was standing near the gate of the train compartment. It was further claimed that when the train reached near Aajhai Railway Station, on account of sudden jerk and push, he fell from the moving train and suffered grievous injuries resulting in his death.
3. The claim application was resisted by the responden
The burden of proof for claiming compensation in cases where no journey ticket is recovered lies with the claimant, who must discharge the initial burden by filing an affidavit of relevant facts.
Claimants must prove bona fide passenger status by disclosing ticket purchase details; absence of ticket does not alone invalidate the claim.
The claimant must prove the purchase of a valid journey ticket for compensation claims under railway incidents, particularly when the ticket is lost.
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.
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