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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE SUBHASH CHAND, J.
Rita Devi, wife of late Anurodh Singh @ Anurudh Kumar Singh and Ors. - Appellants
Versus
Union of India, through the General Manager, North Central Railway, Allahabad - Respondent
M.A. No.224 of 2020
Decided On : 15-03-2024
[RAILWAY ACCIDENT] - [COMPENSATION CLAIM] - [RAILWAYS ACT, 1989: SECTIONS 123, 124-A] - [The court discussed the provisions of the Railways Act, particularly Section 123 which defines 'untoward incident' to include the accidental falling of a passenger from a train. Section 124-A establishes the liability of the Railway Administration to pay compensation for such incidents. The court interpreted these sections to conclude that the absence of a ticket does not negate the status of a passenger if evidence supports their claim of having purchased one. The court emphasized the need for a liberal interpretation of the Act to ensure the protection of passengers' rights, ultimately influencing its decision to allow the appeal and remand the case for further proceedings.]
Fact of the Case:
The claim petition was filed by Rita Devi and others for compensation after Anurudh Kumar Singh, the deceased, fell from the Purshotam Express train. The claimants asserted that he had purchased a valid ticket, while the Railway denied this, claiming he was not a bona fide passenger.
Finding of the Court:
The court found that the evidence presented by the claimants, including testimonies and inquiry reports, supported the claim that the deceased was a bona fide passenger who had purchased a ticket. The absence of the ticket at the time of the inquest did not negate this fact, as it was plausible that the ticket was lost during the accident.
Issues: 1. Whether the case falls under the jurisdiction of the Ranchi Bench? 2. Whether the deceased was a bona fide passenger? 3. Whether the death was due to an untoward incident? 4. Are the claimants entitled to compensation? 5. What relief should be granted?
Ratio Decidendi: The court held that the absence of a ticket does not automatically disqualify a passenger from claiming compensation under the Railways Act. The burden of proof lies initially with the claimants, but once they establish a prima facie case, the onus shifts to the Railway to disprove the claim.
Final Decision: The miscellaneous appeal was allowed, the Tribunal's judgment was set aside, and the matter was remitted back to the Tribunal for a fresh determination on the entitlement of the claimants to compensation.
JUDGMENT :
Subhash Chand, J.
The instant miscellaneous appeal has been directed against the order dated 12.02.2020 passed by the Member (Judicial) Railway Claims Tribunal, Chandigarh at Ranchi whereby the claim petition of the appellant has been dismissed.
2. The brief facts leading to this Miscellaneous Appeal are that the claim petition was filed on behalf of claimants Rita Devi and others with these averments that on 13.07.2017 at 9:30 PM the husband of claimant no.1 Rita Devi and father of claimant 2 and 3 and son of claimant no.4 late Anurodh Singh @ Anurudh Kumar Singh (deceased) had boarded Purshotam Express at Delhi Railway Station for Hazaribag Road (Saria) in presence of Rahul Rai, the brother-in-law of deceased. Deceased had purchased a general ticket of amount Rs.285/-in presence of Rahul Rai and boarded in train with help of Rahul Rai thereafter Rahul Rai came back to his residence.
2.1 On 14.07.2017 at 8 O'clock in the morning Rahul Rai received the information from his father over the mobile phone that Anurudh Kumar Singh had fallen down from the running train at near Kanpur Railway Station. Rahul Rai also reached to Kanpur Railway Station at 8:30 PM on very day and contacted to GRP from where he was informed that the dead body of Anurudh Kumar Singh was sent to Kanpur Hospital for postmortem. Rahul Rai reached to hospital. He further went to GRP and asked whereabout of the luggage, ticket and money of the deceased. GRP informed him that they found only Rs.30/-in purse and a mobile phone, the same was handed over to Rahul Rai.
2.2 On next day 15.07.2017 Rahul Rai and 10 other persons reached to Kanpur Hospital and received the dead body of deceased Anurudh Kumar Singh. The inquest of the dead body of Anurudh Kumar Singh was prepared and in the inquest report of deceased the second class general ticket was shown lost in accident. In the column for details of loss of any luggage on account of the accident/incident to the train was mentioned Rs.10,000/-and a journey ticket. Deceased on his death left his wife, two daughters and his father who are claimants in this claim petition. Deceased was private driver and 37 years old. As such the compensation of Rs.8 lac @ 12% interest thereon was claimed.
3. On behalf of Union of India represented by General Manager, North Central Railway, Allahabad, the written statement was filed in which the averments made in the claim petitions were denied and in additional plea it is stated that deceased Anurudh Kumar Singh accidentally fell down from Purshotam Express on 15.07.2017 he was having no ticket on the alleged date of journey. The onus to prove that the deceased was having a ticket lies upon the claimant. In inquest report, it is also stated that no ticket was found at the time of preparing inquest report as such the deceased was not a bonefide passenger on the alleged date of accident in the said train. At the time of inquest of the deceased police has not seized any ticket and there being no deficiency in service on the part of the opposite party, the applicants/claimants are not entitled to get the compensation. In view of the above prayed for dismissal of the claim petition.
4. The learned Tribunal has framed following issues:
(II) whether the deceased was a bonafide passenger, as alleged?
(III) Whether the deceased had died due to alleged untoward incident?
(IV) Whether the applicants or other dependents of the deceased are entitled to get compensation?
(V) Relief?
5. On behalf of claimants in documentary evidence filed the attested copy of the letter dated 16.07.2017, attested copy of Station Call dated 15.07.2017, attested copy of Panchayatnama Report (inquest report) dated 15.07.2017, attested copy of the postmortem report dated 16.07.2017 alongwith typed copy, photo copy of disposal slip dated 15.07.2017, original copy of the family pedigree of deceased, cremation certificate of deceased, photo copy of Aad
The court established that a bona fide passenger's claim for compensation under the Railways Act is not negated by the absence of a ticket if there is sufficient evidence to support the claim of havi....
The absence of a ticket does not negate the claim of a deceased being a bona fide passenger under the Railway Act, and compensation is payable under strict liability principles.
The absence of a ticket does not negate the claim of a deceased being a bona fide passenger under the Railways Act, 1989.
The incident of falling under a moving train constituted an untoward incident, entitling the appellants to compensation under Section 124-A of the Railways Act.
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 Court ruled that in compensation claims for railway accidents, the presumption is that a passenger holds a valid ticket, shifting the burden of proof to railways to disprove this status.
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....
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....
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