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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BIPIN GUPTA
Ramesh Kumar S/o Shri Jille Singh – Appellant
Versus
Union of India, through the General Manager, North-Western Railway, New Delhi – Respondent
| Table of Content |
|---|
| 1. claim based on untoward incident of death. (Para 1 , 2) |
| 2. dispute over bona fide passenger status. (Para 3 , 8 , 10) |
| 3. initial burden of proof clarification. (Para 14 , 19) |
| 4. judicial interpretation of passenger definition. (Para 16 , 18) |
| 5. legislative intent for compensation emphasized. (Para 22 , 23) |
| 6. non-recovery of ticket does not negate claim. (Para 24 , 25) |
| 7. court allows appeal and awards compensation. (Para 26) |
JUDGMENT :
BIPIN GUPTA, J.
1. The present civil miscellaneous appeal has been filed under Section 23 of Railway Claim Tribunal Act, 1987, by the applicants, challenging the impugned judgment dated 18.02.2022, passed by Railway Claims Tribunal, Jaipur Bench, in Original Application No. OA-II-227/2017, whereby the applicants’ claim application, seeking compensation from the respondent, for the death of their son, alleged to have occurred in an untoward incident, has been dismissed.
2. Succinctly, facts of this appeal are, on fateful day 03.03.2017, son of the applicants was travelling by Mandore Express, having a valid 2nd class railway journey ticket. When the train was passing through Rajgarh Railway Station, deceased Rajendra Kumar, due to sudden jer
The absence of a ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
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 Court affirmed that a passenger's accidental fall from a moving train constitutes an 'untoward incident', ensuring compensation under the no-fault principle without regard to negligence.
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.
The Railway Administration is strictly liable to compensate for deaths from untoward incidents unless exceptions under Section 124A apply; negligence is irrelevant to claim validity.
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....
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