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SANJAY KUMAR DWIVEDI
Sangita Devi, wife of late Sanjay Agrawal @ Sanjay Prasad Agrawal – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Heard Mr. Nikhil Ranjan, learned counsel for the appellants, Mr. Rohan Kashyap, learned, learned counsel for the respondent-State and Mrs. Leena Mukherjee, learned counsel for the Union of India.
2. Aggrieved with judgment dated 20.08.2013 passed by the learned Member/Technical, Railway claims Tribunal, Ranchi, in Case No. O.A. (IIU)RNC/2009/0083, the appellants have preferred this appeal.
3. Smt. Sangita Devi & others filed application before the learned tribunal stating therein that she and her husband late Sanjay Agarwal was returning to Daltanganj from his in-law’s place on 16.06.2008. They were travelling by Palamu Express with valid ticket. During the journey the railway police started misbehaving with the applicants particularly with Smt. Sangita Devi. Her husband –Sanjay Agrawal (now deceased) protested against the same and in retaliation the railway police officials assaulted the deceased and hit him on the head, chest etc and left him grievously injured. On account of the beating, the deceased was badly injured and he was somehow brought to his house and thereafter taken to Medininagar, Sadar Hospital. The deceased succumbed to the injuries on 17.06.2008 at about
Mere absence of ticket does not negate bonafide passenger status; affidavit suffices to discharge burden. Falling from running train is untoward incident under no-fault liability, entitling dependent....
The court reaffirmed that the statutory presumption of bona fide travel under the Railways Act must be upheld unless rebutted by the railway administration with clear evidence; failure to do so rende....
The Railway Administration is strictly liable to compensate for the death of a bona fide passenger resulting from an untoward incident, irrespective of negligence, provided the incident falls within ....
The interpretation of the term 'untoward incident' and the concept of a bonafide passenger under the Railway Claims Tribunal Act and Railways Act.
The absence of a valid ticket does not negate the presumption of a passenger's bona fide status, and the Railway Administration is strictly liable for untoward incidents.
Bona fide passengers holding valid tickets are entitled to compensation for accidental falls, irrespective of which train they used, under the Railways Act.
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