MANOJ KUMAR OHRI
Sita Devi – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J. The present appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the `Act') passed by the Railway Claims Tribunal, Principal Bench in OA/II(u)/DLI/254/2019 against the order dated 10.02.2021 whereby the claim application filed by the appellants was dismissed.
2. The brief facts, as culled out from the records, are that in the application filed before the Tribunal it was claimed that Vinod Kumar i.e., deceased undertook a train journey on 12.06.2017 from Shahdara to Faridabad by a local train and when the train reached at KM 1514/13-11 JNC Yard between Faridabad and Tughlaqabad Station, the deceased fell down from the train on account of sudden jerk and push of the passengers and died at the spot. The journey ticket alongwith other articles of the deceased including his bag were also lost.
3. Learned counsel for the appellants contended that the Tribunal failed to appreciate the contents of the final report by SHO P.S. GRP, Faridabad where it has been stated that from enquiry till then, circumstances at the spot, result of post-mortem, verification by SHO and statements of witnesses, it was con
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 claimant must prove the purchase of a valid journey ticket for compensation claims under railway incidents, particularly when the ticket is lost.
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 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.
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.