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DELHI HIGH COURT
MANOJ KUMAR OHRI
Latifun Nisha – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. facts of ticket purchase and recovery. (Para 1 , 5 , 6) |
| 2. arguments regarding ticket validity. (Para 2 , 3) |
| 3. court's observations on evidence and passenger status. (Para 4 , 7 , 8) |
| 4. final decision to allow the appeal. (Para 9 , 10 , 11) |
JUDGMENT
Manoj Kumar Ohri, J. (ORAL)
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 appellant (claimant No. 1 therein) has assailed the order dated 05.03.2020 passed by the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim application filed by them was dismissed.
2. Learned counsel for the appellant has contended that the Tribunal while passing the impugned order failed to appreciate that a valid journey ticket alongwith other articles was recovered in the Jamatalashi from the person of Abdul Jauf @ Mohd. Jauf (the deceased). It is submitted that the deceased had boarded Gorakhdham Express Train No. 12556 and the body of the deceased was also found lying on the railway line which was on the route of the said train.
3. Learned counsel for the respondents, on the other hand, has supported the impugned order and submit
The court affirmed that recovery of a valid journey ticket from the deceased established his status as a bona fide passenger, qualifying the incident as an 'untoward incident' under the Act.
The recovery of the journey ticket on the same date established the deceased as a bona fide passenger, and the accident qualified as an 'untoward incident' under the Railways Act.
The determination of a person as a bonafide passenger and the classification of an incident as an 'untoward incident' are crucial in assessing the validity of a claim under the Railway Claims Tribuna....
The recovery and verification of the journey ticket, along with the location of the body, were key in establishing the incident as an untoward incident under the Railway Claims Tribunal Act.
Delay in recovery of journey ticket not sufficient to dismiss claim application. 'Untoward incident' as defined under Section 123(c) of the Railways Act, 1989.
The claimant must prove the purchase of a valid journey ticket for compensation claims under railway incidents, particularly when the ticket is lost.
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 burden of proof lies on the party making an assertion, and failure to discharge this burden may result in the claimants not being non-suited.
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