Back
NISHA M. THAKORE
Union Of India – Appellant
Versus
Jashiben,Wd/O Dalsukhbhai Chaturbhai – Respondent
JUDGMENT :
1. The present appeal is filed by the appellant-Union of India of India/original respondent under Section 96 of the Code of Civil Procedure, 1908, being aggrieved and dissatisfied with the judgment and award dated 27.06.1997 passed by the Railway Claims Tribunal, Ahmedabad in Claim Application OA No.9700006. By the said judgment and order, the Tribunal has allowed the claim petition in a fatal case awarding the compensation to the original claimants of an amount of Rs.2 Lakhs with further directions of disbursement.
2. The facts giving rise to filling of the present appeal as narrated by the appellant in the present appeal are stated hereunder:
2.1 The opponent/original applicant preferred claim application being OA No.9700006 before the Railway Claims Tribunal, Ahmedabad seeking compensation for the untimely death of her husband who unfortunately fell down from a running train 9030-UP while travelling from Ranoli to Baroda. The deceased fell down near Baroda Yard (D) Cabin on 14.11.1996.
2.2 The deceased was serving at Ranoli and used to commute frequently between Baroda to Ranoli and as he was having his residence at Baroda. Due to untimely death of the husband of the appl
The initial burden of proof lies with the claimant to establish a deceased's status as a bona fide passenger, which can shift to the railways upon presenting relevant evidence.
The absence of a train ticket does not automatically negate the status of a bona fide passenger; compensation is due for deaths resulting from untoward incidents as defined under the Railways Act.
Point of Law : Mere absence of ticket with such injured or deceased will not negative claim that he was a bona fide passenger. Initial burden will be on the claimant which can be discharged by filing....
The claimant must only prove the occurrence of an untoward incident; the absence of a ticket does not preclude compensation if circumstances suggest travel.
The absence of a ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
The court established that a bona fide passenger who suffers an accident while traveling is entitled to compensation under the Railways Act, and the definition of 'untoward incident' should be interp....
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.
The absence of a ticket does not negate the claim of a deceased being a bona fide passenger under the Railway Act, and compensation is payable under strict liability principles.
Accidental fall from running train constitutes untoward incident for bonafide passenger; affidavit discharges initial burden, shifting to railways on preponderance of probabilities; no-fault compensa....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
