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S. N. PATHAK
Sunil Ram – Appellant
Versus
Union of India Rep. by General Manager, South Eastern Railways – Respondent
JUDGMENT :
S.N. PATHAK, J.
1. Heard the parties.
2. This appeal has been directed against the judgment dated 29.07.2016, passed by Railway Claims Tribunal, Ranchi Bench in Case No. OA(IIU)RNC/2014/0015, whereby the learned Tribunal has dismissed the claim application filed by the appellants seeking compensation of Rs.4.00 lakhs along with interest on account of death of Sahdeo Ram, who died in an rail accident.
3. The facts of the case in short is that the deceased, Sahdeo Ram had gone to his sister's place on the occasion of Raksha Bandhan and was returning from Bokaro to Ranchi on 31.08.2004. The said Sahdeo Ram purchased valid ticket to travel from Bokaro to Ranchi and had gone to the station and boarded the Maurya Express. Since there was heavy rush inside the compartment, when the train started moving, the said Sahdeo Ram fell down from the running train and sustained grievous injuries. Thereafter, he was admitted by the G.R.P. Bokaro to Bokaro General Hospital and in course of treatment he died on 20.09.2004. After the death of the deceased the son of the appellant namely Anil Ram gave a written application to the police on 22.09.2004, which was forwarded to Officer Incharge Boka
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Death of passenger in untoward incident – Mere absence of ticket with injured or deceased will not negative claim that he was a bona fide passenger.
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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.
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 court established that the absence of a ticket does not negate a claim for compensation as a bona fide passenger under strict liability principles in railway accident cases.
The principle of strict liability applies to railway incidents, ensuring compensation for injuries regardless of fault, with the burden of proof shifting to the Railways once a claimant establishes t....
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