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DELHI HIGH COURT
J.R.MIDHA
Mukesh Rani – Appellant
Versus
Union of India – Respondent
1. The appellants have challenged the order of the Railway Claims Tribunal whereby their application for compensation has been dismissed.
2. On 25th July, 2008, Jagbir Singh was waiting for a train on the platform of Mangolpuri Railway Station when he accidently fell down on the railway track due to the over-crowd and was ran over by Awadh Assam Express Train. The deceased was survived by widow and two minor children who filed the claim petition before the Claims Tribunal.
3. The Railway Claims Tribunal held that the deceased was a bona fide passenger holding a valid ticket at the time of accident. However, learned Claims Tribunal rejected the claim on the ground that Section 123(c) of the Railways Act only covers the cases of the passengers who accidently fall down from the train. Learned Tribunal held that since the deceased has not fallen down from the train, the claim does not come within the definition of an untoward incident as defined in Section 123(c) of the Railways Act.
4. Section 124A of the Railways Act lays down strict liability or no fault liability in case of untoward incidents. Section 123(c) of the Railways Act defines `untoward incident' to
Negligence of a deceased passenger does not affect the strict liability for compensation under Section 124A of the Railways Act, as accidental falls while boarding a train are deemed untoward inciden....
The judgment established the need for claimants to prove the status of the deceased as a bona fide passenger with a valid journey ticket and the occurrence of an accidental fall from the train to qua....
The interpretation of the term 'untoward incident' and the concept of a bonafide passenger under the Railway Claims Tribunal Act and Railways Act.
The court established that a claimant must demonstrate foundational facts for compensation under the Railways Act; non-recovery of a ticket does not negate passenger status, and the railway's liabili....
The Railway Administration is strictly liable to compensate for the death of a bona fide passenger resulting from an untoward incident, irrespective of negligence, provided the incident falls within ....
The Railway Administration is strictly liable for compensation when a verified bona fide passenger dies in an untoward incident, barring specific statutory exceptions; evidence of bona fide passenger....
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