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MANOJ KUMAR OHRI
Ram Pratap – Appellant
Versus
Union of India (Ministry of Railway) Through Its General Manager – Respondent
JUDGMENT
Manoj Kumar Ohri, J. By way of present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as the `Act'), the appellants seek to assail order dated 08.01.2014 passed by Railway Claims Tribunal, Principal Bench, Delhi in OA(IIu)008/2013, whereby the claim application filed by the appellants was dismissed.
2. Learned counsel for the appellants contended that in spite of the two journey tickets (for the forward and return journey) having been recovered from the person of the deceased, the claim of the appellants has been denied by the Tribunal.
3. Per contra, learned CGSC for the respondent, while defending the impugned order, contested the present appeal by submitting that the Tribunal rightly rejected the claims of deceased having been a bonafide passenger and the incident an `untoward incident'.
4. I have heard learned counsels for the parties and gone through the material placed on record.
5. From a reading of the material on record, it is apparent that the claim application was filed by the appellants, claiming that their son-Vivek Gaur (deceased) undertook a train journey on 05.06.2012 by a local train from Sahibabad to De
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 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.
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 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 claimant must prove the purchase of a valid journey ticket for compensation claims under railway incidents, particularly when the ticket is lost.
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