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DELHI HIGH COURT
MANOJ KUMAR OHRI
Chander Bhan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. appellant challenges tribunal's order (Para 1) |
| 2. arguments on liability and passenger status (Para 2 , 3) |
| 3. review of evidence presented (Para 4) |
| 4. details of the accident and discovery (Para 5 , 6) |
| 5. application of strict liability in railway context (Para 7 , 8) |
| 6. on bona fide passenger status despite ticket issues (Para 9 , 10) |
| 7. possibility of accident from train acknowledged (Para 11) |
| 8. rejection of self-negligence claim (Para 12) |
| 9. appeal allowed and order for compensation determination (Para 13 , 14 , 15) |
JUDGMENT
Manoj Kumar Ohri, J. (ORAL)
1. By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, the appellant/claimant has assailed the order dated 11.03.2020 passed by the Railway Claims Tribunal, Principal Bench, New Delhi in Case No.OA/II(u)/GZB/2017/217, whereby the claim application filed by him on account of death of his son was dismissed.
2. Learned counsel for the appellant, while assailing the impugned order, has contended that the deceased died on account of an `untoward incident' as defined under Section 123(c) of the Railways Act and in this regard, the Tribunal failed to take into account the DRM repor
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.
The presence of a valid ticket and strict liability under Section 124-A necessitate compensation for incidents on railway premises, irrespective of the circumstances of the incident.
The claimant must prove the purchase of a valid journey ticket for compensation claims under railway incidents, particularly when the ticket is lost.
The court established that the absence of a ticket does not negate a claim for compensation as a bona fide passenger under strict liability principles in railway accident cases.
Injuries sustained while boarding or de-boarding a train qualify as an 'untoward incident' under the no fault theory, irrespective of any passenger negligence.
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 Railway Administration holds no-fault liability under the Railways Act, entitling claimants to compensation without proof of negligence, provided they established the deceased was a bona fide pas....
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