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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE SYAM KUMAR V.M., J
Daisy Jacob, W/o. Jacob – Appellant
Versus
Union Of India, Owning Southern Railway, Represented By General Manager – Respondent
JUDGMENT :
(SYAM KUMAR V.M., J.)
This appeal is filed challenging the judgment dated 13.10.2017 in OA (II-U) 51/2016 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. On 21.05.2016, Jacob, aged 51 years, while on his train journey from Ambalapuzha to his workplace Thiruvananthapuram, accidentally fell down from the train due to a heavy jerk when the train was near the Thakazhi railway gate and sustained serious injuries and succumbed to death. The train ticket and the bag of the deceased were lost in the accident. Applicants who are the wife and children of deceased Jacob, moved the RCT claiming Rs.4,00,000/- as compensation on account of the death of Jacob. The respondent filed a reply contending that no 'untoward incident' was reported on 21.05.2016. No incident as alleged had been reported by the railway administration to the local police and no records were available in any railway station about the incident. There is nothing to show that the deceased was a bona fide passenger as nothing has been mentioned about the travel
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 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 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 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 mere absence of a journey ticket does not negate a claim of being a bona fide passenger under the Railways Act, as the initial burden lies on the claimants and shifts to the Railways to disprove ....
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 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....
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