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DHARMESH SHARMA
Rajendri Devi – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. This judgment shall decide an appeal instituted in terms of Section 23 of The Railway Claims Tribunal Act, 1987[RCT Act] by the appellants/claimants assailing the impugned judgment dated 14.08.2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi[RCT], whereby the claim of the appellants seeking compensation of Rs.8,00,000/- along with 18% interest p.a. was dismissed.
FACTUAL BACKGROUND:
2. The appellants/claimants are the wife, a major son and a major daughter of the deceased. It was the claim of the appellants/claimants that on 12.09.2018, the deceased was travelling from Shahdara to Khurja junction and was having a valid MST[Monthly Season Ticket] pass bearing no. P- 03238245 and ID No. P-03238244 valid from 24.08.2018 up to 23.09.2018 permitting travel from Khurja junction to Shakur-basti and vice-a-versa. It was claimed that on 12.09.2018 the deceased boarded the train from Shahadara for his onward journey to Khurja after performing his duties and that he was standing near the gate of the train compartment, and due to heavy rush inside the train compartment, the deceased accidentally fell down from the running train and received serious/grievous injurie
The relevance of initial reports, nature of injuries, and the primacy of oral evidence over medical reports in determining liability and awarding compensation.
Accidental fall from running train constitutes untoward incident for bonafide passenger; affidavit discharges initial burden, shifting to railways on preponderance of probabilities; no-fault compensa....
The judgment emphasizes the strict liability or no-fault liability in railway accidents and the definition of 'passenger' under the Railway Act.
Point of Law : Mere absence of ticket with such injured or deceased will not negative claim that he was a bona fide passenger. Initial burden will be on the claimant which can be discharged by filing....
The absence of a ticket does not negate a claim for compensation if the deceased is proven to be a bona fide passenger, and death from falling from a train is classified as an untoward incident under....
The absence of a ticket does not negate the claim of a deceased being a bona fide passenger under the Railway Act, and compensation is payable under strict liability principles.
The burden of proof lies with claimants to establish the deceased as a bona fide passenger and that the death resulted from an untoward incident under the Railways Act, which was not met in this case....
The absence of a train ticket does not automatically negate the status of a bona fide passenger; compensation is due for deaths resulting from untoward incidents as defined under the Railways Act.
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