MANOJ KUMAR OHRI
Malti Kumari – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J.
1. By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the `Act'), the appellants being the widow and minor children of deceased Akash Kumar have assailed the order dated 12.08.2021 vide which the claim application filed by them was dismissed.
2. Briefly, before the Tribunal it was claimed that on 12.01.2019, the deceased alongwith one Kaptan Singh after purchasing a joint journey ticket bearing No. 96191415 undertook a train journey from Asaoti Railway Station to Mathura Junction Railway Station in Delhi Agra Cantt. Passenger Train No. 51902. As the train was overcrowded, not finding any seat, the deceased was standing near the door of the compartment. When the train was approaching Mathura Junction Railway Station, on account of sudden push by other passengers, the deceased fell from the moving train and died at the spot. During the physical search, journey ticket was recovered from the person of the deceased. However, the Tribunal disbelieved the incident to be an `untoward incident'.
3. Mr. Rajan Sood, learned counsel for the appellants has assailed the findings of the Tribunal
The recovery and verification of the journey ticket, along with the location of the body, were key in establishing the incident as an untoward incident under the Railway Claims Tribunal Act.
The determination of a person as a bonafide passenger and the classification of an incident as an 'untoward incident' are crucial in assessing the validity of a claim under the Railway Claims Tribuna....
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 main legal point established in the judgment is the interpretation of the term 'bonafide passenger' and the determination of what constitutes an 'untoward incident' under the Railways Act, 1989.
The burden is on the claimant to prove relevant facts regarding the train journey, and the testimony of independent witnesses can support the claimant's case.
The court affirmed that recovery of a valid journey ticket from the deceased established his status as a bona fide passenger, qualifying the incident as an 'untoward incident' under the Act.
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....
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 burden to prove a passenger's non-bona fides rests with the Railway if an untoward incident is established.
The claimant must prove the purchase of a valid journey ticket for compensation claims under railway incidents, particularly when the ticket is lost.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.