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SUBHASH CHAND
Ram Pati Ram son of Shri Munrik Ram – Appellant
Versus
Union of India – Respondent
JUDGMENT :
The instant miscellaneous appeal has been directed against the order dated 17.09.2019 passed by the Member/Technical, Railway Claims Tribunal, Ranchi Bench in Case No. OA(IIU)/RNC/102/2017 (Check List No.2908170016) whereby the claim petition of the appellants has been dismissed.
2. The brief facts leading to this Miscellaneous Appeal are that the claim petition was filed on behalf of claimants with these averments that the son of the claimants namely Akhilesh Kumar 20 years old had boarded in second class coach of the Train No. 13308 Dn. Ganga-Sutlaj Express after having purchased second class express ticket for Dehri-on-Sone Station to Dhanbad Junction for the purpose of joining the labour work. On 29.06.2017 while the train was moving at Anugraha Narayan Road Station the deceased who was standing at the gate of the bogie on account of the jostling being made by the other passengers accidentally fell down from the moving train at K.M./Pole No. 538/02 of Dn. Line of platform no.2 of Anugraha Narayan Road Station as a result of which he sustained serious injuries and died on the spot. After having got the information about the incident over the mobile phone the grandfather
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 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.
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 court established that a bona fide passenger's accidental fall from a train constitutes an 'untoward incident' under the Railways Act, entitling the victim's family to compensation, regardless of....
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 absence of a ticket does not negate a claim for compensation if the deceased is proven to be a bona fide passenger, and death from falling from a train is classified as an untoward incident under....
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 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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