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MANOJ KUMAR OHRI
Karan 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 07.02.2017 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Claim Application No. OA (II u) 142/2015 whereby the claim application filed on behalf of the appellants was dismissed.
2. On the last date of hearing, noticing the continued absence of the appellants and their counsel, default notices were issued. Despite being served, the appellants remain unrepresented.
3. The Court with the assistance of learned counsel for the respondent, has gone through the entire material placed on record, which reveals that the claim application was filed before the Appellate Tribunal, thereby claiming that on 25.06.2014, the appellants' son undertook a train journey from Amroha to Delhi via Sitapur City Delhi passenger train No. 54075 after purchasing a valid journey ticket. It was further claimed that on account of sudden jerk, he fell from the moving train at Amroha. Though, the body was found lying on the railway track, upon search no journey ticket was recovere
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 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 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 burden of proof lies on the railway administration to prove that a deceased passenger was not a bona fide passenger.
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.
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