Back
ANOOP KUMAR DHAND
Rumali Devi W/o Late Shri Harimohan – Appellant
Versus
Union Of India, Through The General Manager, West Central Railway, Jabalpur (MP) – Respondent
JUDGMENT :
Anoop Kumar Dhand, J.
1. By filing the present misc. appeal, a challenge has been made to the impugned judgment and award dated 13.05.2019 passed by the Railway Claims Tribunal, Jaipur Bench, Jaipur [for short 'the learned Tribunal'] in Original Application No. OA-II-184/2016, by which the claim petition filed by the claimants-appellants has been dismissed.
2. Facts of the case in nutshell are that the claimants-appellants (hereinafter referred as 'the claimants') filed an application before the learned Tribunal under Section 16 of the Railway Claims Tribunal Act, 1987 (for short 'the Act of 1987') read with Section 125 of the Railways Act, 1989 seeking compensation of Rs. 6,00,000/- stating therein that on 26.04.2016, the deceased Harimohan commenced his journey from Hindaun City to Gangapur City in Dehradun Express with a valid second class railway journey ticket. It was further stated in the claim petition that the deceased while travelling fell down from the train at Gangapur City railway station and came underneath the train and cut. After the incident, FIR bearing No. 15/2016 was registered under Section 174 Cr.P.C. It was further stated in the claim petition that at
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 burden of proof lies on the railway administration to prove that a deceased passenger was not a bona fide passenger.
A bona fide passenger's status cannot be discredited solely based on initial claims of lost tickets when the authenticity of the ticket is later established.
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....
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
