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DELHI HIGH COURT
MANOJ KUMAR OHRI
Kusum Devi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. parties' arguments regarding the deceased's status as a passenger (Para 1 , 2 , 3) |
| 2. court's overview of the claim application and evidence (Para 4 , 5) |
| 3. requirement of evidence to prove bona fide passenger status (Para 6 , 7) |
| 4. dismissal of the appeal and order to the tribunal (Para 8 , 9) |
JUDGMENT
Manoj Kumar Ohri, J. (Oral)--By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as `the Act'), the appellant/claimant (wife of deceased, namely, Sh. Subodh Kumar) has assailed the order dated 05.03.2020 passed by the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim application filed by her, was dismissed.
2. Learned counsel for the appellant has contended that the Tribunal failed to appreciate that even if, no train ticket was found, the deceased was a bona fide passenger as in the claim application, it was stated that Sh. Subodh Kumar had undertaken a train journey on 11.01.2018 from Saharanpur to Ambala after purchasing a valid journey ticket which however, was lost at the time of the accident. In this regard, he has placed reliance on the decision in Union of India v. Rina Devi r
The claimant must prove the purchase of a valid journey ticket for compensation claims under railway incidents, particularly when the ticket is lost.
Claimants must prove bona fide passenger status by disclosing ticket purchase details; absence of ticket does not alone invalidate the claim.
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 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 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 court reiterated that under strict liability provisions, complications surrounding a passenger's ticket do not negate the validity of compensation claims in cases of untoward incidents.
Injuries sustained while boarding or de-boarding a train qualify as an 'untoward incident' under the no fault theory, irrespective of any passenger negligence.
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