Back
PRADEEP KUMAR SRIVASTAVA
Pintu Pal S/o Late Vijay Kumar Pal – Appellant
Versus
Union of India Through General Manager, Eastern Railway – Respondent
JUDGMENT :
HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
1. The instant appeal has been preferred against the judgment dated 26.03.2021 passed by the Railway Claims Tribunal, Ranchi whereby and whereunder the claim application of the appellants has been dismissed.
2. Factual matrix of the case is that on 23.04.2018 at about 10 Hrs. the deceased, Vijay Kumar Paul has left home to meet his married daughter, Chetali Sen. In the evening, brother in-law of the deceased informed the applicant Pintu Pal that deceased has not reached the destination. It was informed that one male person has fell down from the running train in between Kaseetand and Vidyasagar. The applicant Pintu Pal along with other family members rushed to the spot. They found the dead body of the deceased lying outside the up track at K.M. 263/ 23-203/25. It is further alleged that Railway Protection Force also arrived there and the applicants identified the deceased. It is alleged that the deceased had purchased valid ticket for travelling through passenger train from Jamtara to Vidyasagar and boarded on Sealdah-Muzaffarpur Fast passenger train No. 53131 and due to overcrowding he fell down from the running train in between
The court affirmed that a passenger's absence of a ticket does not negate their status as a bonafide passenger, and defined 'untowards incident' liberally under the Railway Act.
The court established that minor discrepancies in documentation do not negate a claim for compensation under the Railways Act when substantial evidence supports the claim of an untoward incident.
The absence of a ticket does not negate a claim of being a bonafide passenger; the burden of proof lies with the Railways to disprove such claims.
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
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 court ruled that an accidental falling of a bona fide passenger from a train constitutes an 'untoward incident' under the Railways Act, mandating strict liability for compensation, irrespective o....
The central legal point established in the judgment is the entitlement of claimants to compensation under Section 124-A of the Railways Act, 1989 in case of an untoward incident, and the exceptions u....
Passengers can establish bona fide status without a ticket if oral and circumstantial evidence supports travel claims; accidental falls from trains qualify as untoward incidents under the Railways Ac....
The absence of a railway ticket does not negate a claim of being a bonafide passenger; the burden of proof shifts to the Railways once the claimant provides relevant evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
