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SUBHASH CHAND
Kavita Devi @ Kabbo Devi wife of Late Shambhu Sahni – Appellant
Versus
Union of India through General Manager, Eastern Railway, Kolkata – Respondent
JUDGMENT :
Subhash Chand, J.
1. The present miscellaneous appeal has been preferred against the judgment dated 19th June, 2019 passed by the Railway Claims Tribunal, Ranchi Bench in Case No.OA(IIU) RNC/105/2017 whereby and whereunder the learned Tribunal has dismissed the claim application of the appellants seeking compensation amounting to Rs.8 lakhs along with interest (from the date of filing of the application i.e., 18th August, 2017) on account of death of the deceased treating him not be a bona fide passenger and the incident as not be an ‘untoward incident’ as defined under Section 123(c)(2) of the Railways Act, 1989.
2. The brief facts giving rise to this miscellaneous appeal are that a claim petition under Railway Claim Tribunal Act, 1987 was filed by Kavita @ Kabbo Devi (the wife of the deceased) with these averments that on 7th June, 2017 deceased Shambhu Sahni after purchasing valid 2nd Class ticket for Sahibganj Junction to Pirpainti Station boarded in a 2nd class bogie of Howrah Gaya express train at Sahebeganj station to come to Pirpainti Station. The said ticket was purchased by the brother of the deceased, namely, Yamuna Sahni and handed over to the deceased. When the
The absence of a ticket does not negate the claim of a deceased being a bona fide passenger under the Railways Act, 1989.
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.
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 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....
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 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 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.
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