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MITALI THAKURIA
Mayarun Begum – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. M. Talukdar, learned counsel for the appellants. Also heard Mr. B. Sharma, learned Standing Counsel, NF Railway.
2. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment and order dated 22.05.2019, passed by the learned Member, Railway Claims Tribunal, Guwahati in Claim Application No. O.A. IIu-18/2015.
3. The brief facts leading to his appeal is that on 18.12.2014, the deceased Fakaruddin Ali was coming from NJP to Guwahati Railway Station by UP Kanchanjanga Express Train with a valid Railway Ticket No. G-44992001. On the way when the said Train reached in between Falakata and Gumanihat Railway Station, the deceased accidentally fell down from the said running train due to heavy rush and commotion of passenger and died on the spot. In this connection, the police registered a case being NCB GRPS U/D Case No. 49/2014, dated 19.12.2014, and Post Mortem of the dead body was conducted in M.J.N. Hospital, Cooch Behar. The appellants, as applicants, had filed a claim application before the Railway Claims Tribunal, Guwahati claiming compensation for the death of their son Fakaruddin Ali due to railway accid
The burden of proof lies with claimants to establish the deceased as a bona fide passenger and that the death resulted from an untoward incident under the Railways Act, which was not met in this case....
The judgment established the need for claimants to prove the status of the deceased as a bona fide passenger with a valid journey ticket and the occurrence of an accidental fall from the train to qua....
The incident of falling under a moving train constituted an untoward incident, entitling the appellants to compensation under Section 124-A of 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 deceased was a bonafide passenger and his death was caused in an untoward incident, entitling the claimants to compensation.
The court ruled that an accidental falling of a bona fide passenger from a train constitutes an 'untoward incident' under the Railways Act, mandating strict liability for compensation, irrespective o....
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.
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