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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Miss Sahin Akhtar Ahmed, Minor Daughter Of Late Abdul Sattar – Appellant
Versus
Union Of India, Represented By The General Manager – Respondent
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. Heard learned counsel Mr. J. Mollah for the appellants and learned counsel Mr. H. P. Gowala on behalf of learned Standing Counsel Mr. B. K. Das for NF Railway.
2. The gist of the case is that on 21.02.2016 the appellant’s father late Abdul Sattar was travelling from Badulipar Halt to Jorhat Railway Station with valid railway journey ticket by up Intercity Express. During the course of his journey, unfortunately Abdul Sattar accidently fell down from the running train at platform No.1 Barua Bamun Gaon Railway Station. As a result, he sustained grievous injuries and was shifted to Community Health Centre Dergaon with the help of an ambulance (108). Later on he was shifted to Jorhat Medical Hospital but finally he was shifted to Assam Medical College Hospital for better treatment but, unfortunately he succumbed to his injuries on 28.02.2016.
3. In this regard Furkatting GRP OP GD entry no. 317 dated 21.02.2016 was registered. The appellants filed claim application no. O.A.II U-72/2018 under Section 16 of the Railway Claims Tribunal Act, 1987 for compensation of Rs. 10,00,000/- under Section 124 /124 A of Indian Railways Act, 1989 on account of deat
The court affirmed the applicability of strict liability in railway accident claims, establishing entitlement to compensation under the Railway Act for the dependents of a passenger who suffered fata....
The interpretation of the definition of 'passenger' under the Railways Act and the burden of proof for an untoward incident.
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....
Claimants must prove possession of a valid railway ticket at the time of an incident to receive compensation, as per Section 124A of the Railways Act, 1989. Discrepancies in evidence can weaken claim....
Strict liability under Section 124A of the Railways Act mandates compensation for untoward incidents involving bona fide passengers, regardless of negligence claims or absence of tickets.
The absence of a ticket does not negate the presumption of a passenger's status, and the Railway is liable for compensation under section 124-A for untoward incidents.
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