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SANJAY KUMAR DWIVEDI
Kanhai Bind, s/o late Beni Bind – Appellant
Versus
Union of India, through General Manager, East Central Railway – Respondent
JUDGMENT :
1. Heard Mrs. Chaitali Chatterjee Sinha, the learned counsel appearing for the appellant and Mrs. Neeta Krishna, the learned counsel appearing on behalf of the respondent/Railways.
2. The present appeal has been directed against the order dated 20.08.2013 passed by Member/Technical, Railway Claims Tribunal, Ranchi Bench, in Case No.OA(II-u)/RNC/2010/0135 (Old No.OU- 70083/07) whereby the learned Tribunal has been pleased to dismiss the compensation case filed by the appellant.
3. The learned counsel for the appellant submits that on 09.08.2007 after purchasing and having valid second class train ticket for Jasidih to Gaya, Mau Bind @ Mau Devi boarded Train No.805 Up Rampur Halt- Gaya Passenger at Kiul station after reaching Kiul from Jasidih by another train for going to Gaya. As the train was approaching Gaya passengers started reaching near the gate of the compartment and the deceased was also standing at the gate to get down at the Gaya station. While the said train was running between Manpur and Gaya (Km 464/23 and 464/21) the deceased accidentally fell down from the running train on account of heavy rush and intense jostling of the passengers which resulted in her dea
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 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.
Negligence of a deceased passenger does not affect the strict liability for compensation under Section 124A of the Railways Act, as accidental falls while boarding a train are deemed untoward inciden....
Accidental fall from running train constitutes untoward incident for bonafide passenger; affidavit discharges initial burden, shifting to railways on preponderance of probabilities; no-fault compensa....
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 ....
Bona fide passengers holding valid tickets are entitled to compensation for accidental falls, irrespective of which train they used, under the Railways Act.
Section 124A of the Railways Act, 1989 imposes strict liability on Railways for deaths from untoward incidents, with no requirement for proving negligence or production of a ticket to establish bona ....
The court established that a claimant must demonstrate foundational facts for compensation under the Railways Act; non-recovery of a ticket does not negate passenger status, and the railway's liabili....
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