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DELHI HIGH COURT
MANOJ KUMAR OHRI
Raj Kumar – Appellant
Versus
Union of Inda – Respondent
| Table of Content |
|---|
| 1. appellants’ challenge to tribunal's order. (Para 1 , 2 , 3) |
| 2. incident details and evidential issues. (Para 4 , 5 , 6) |
| 3. burden of proof regarding bona fide passenger. (Para 7 , 8) |
| 4. dismissal of appeal and forwarding judgment. (Para 9 , 10) |
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/claimants (parents of deceased, namely, Sh. Siddharth) have assailed the order dated 03.10.2016 passed by the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim application was dismissed.
2. Mr. D.S. Sabharwal, learned counsel for the appellants submits that while passing the impugned order though the Tribunal has held the incident to be an untoward incident however, erred in arriving at a conclusion that the deceased was not a bona fide passenger as no ticket was found from the person of deceased. While placing reliance on the decision of the Supreme Court in Union of India v. Rina Devi reported as (2019) 3 SCC 572, learned counsel submits that the appellants were able to discharge their initial burden by filing an affidavit alo
Claimants must prove bona fide passenger status by disclosing ticket purchase details; absence of ticket does not alone invalidate the claim.
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 of proof for claiming compensation in cases where no journey ticket is recovered lies with the claimant, who must discharge the initial burden by filing an affidavit of relevant facts.
The initial burden of proving that the deceased was a bona fide passenger could be discharged by filing an affidavit of the relevant facts, as per the legal principle established in Union of India v.....
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 absence of a train journey ticket does not disqualify a claim for compensation if sufficient evidence shows the deceased was a bona fide passenger.
A passenger's absence of a journey ticket does not automatically negate their claim for compensation; the initial burden lies with the claimant, but can shift based on evidence presented.
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