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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE SYAM KUMAR V.M., J
Tessy Seno, W/o. Seno V.J. – Appellant
Versus
General Manager, Southern Railway Chennai – Respondent
JUDGMENT :
(SYAM KUMAR V.M., J.)
This appeal is filed challenging the judgment dated 24.07.2014 in O.A.(IIu)/ERS/2013/0047 of the Railway Claims Tribunal (RCT), Ernakulam Bench. Appellants were the applicants before the RCT. Respondent was the respondent therein. Parties are referred to according to their status before the RCT.
2. Applicant's case in brief is as follows: They are the wife and children of late Seno V.J., who died in an untoward incident that occurred on 29.07.2012 at 7.40 P.M. While travelling in Thiruvananthapuram - Chennai Mail bearing train number 12624 from Ernakulam Town Station to Aluva, he somehow fell from the train at the north end of the platform. His body was found nearly 25 meters north of the north end of Ernakulam Town Railway Station. The deceased was a military man. After retirement, he was serving as an accountant in the Accountant General's office at Thiruvananthapuram. He was a bona fide passenger with a 2nd class ordinary ticket, which could not be recovered since the body was mutilated and the dresses were torn. The applicants claimed Rs.4,00,000/- as compensation for the untoward incident.
3. The RCT framed four issues and the parties proceeded to
The absence of a travel ticket does not negate a claim of bona fide passenger status; initial burden can shift based on sufficient evidence presented.
The burden of proof in railway accident claims lies with the railways to establish that the claimant was not a bona fide passenger, and compensation is determined based on applicable provisions at th....
The burden of proof for bona fide passenger status in railway accident claims shifts to the Railways upon credible evidence from the claimants, regardless of ticket recovery or procedural irregularit....
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
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 a claim of being a bonafide passenger; the burden of proof lies with the Railways to disprove such claims.
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