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IN THE HIGH COURT OF JHARKHAND, RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Korana Devi, Wife Of Late Dipti Mandal – Appellant
Versus
Union Of India, Through General Manager, Eastern Railway, Kolkata – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
The Trial Court Record has been received.
2. Heard the learned counsel appearing on behalf of the appellants as well as the learned counsel appearing on behalf of the Union of India/Eastern Railway.
3. This petition has been preferred against the judgment dated 28.7.2023 passed by the learned Railway Claims Tribunal, Ranchi Bench in Case No.OA(IIU) RNC/103/2019 (Checklist No.2907190016) in an application under Section 16 of the Railway Claims Tribunal Act, 1987, whereby the leraned Tribunal has been pleased to dismiss 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. 12.07.2019 on account of the death of the deceased.
4. Learned counsel for the appellants submits that the learned Tribunal has erroneously come to the conclusion that in light of the Section 124-A of the Railways (Amendment) Act, 1994 that the appellants herein are not entitled for compensation. She submits that the deceased has left home in the morning of 04.02.2018 to go to his Sasural and was travelling from Jasidih Railway Sation to Vidyasagar Railway Station but when he did not rea
The court ruled that the appellants are entitled to compensation under the Railway Claims Tribunal Act for the death of a passenger due to an untoward incident, emphasizing a liberal interpretation o....
The Railway Administration is strictly liable to compensate for the death of a bona fide passenger resulting from an untoward incident, irrespective of negligence, provided the incident falls within ....
The court established that a claimant must demonstrate foundational facts for compensation under the Railways Act; non-recovery of a ticket does not negate passenger status, and the railway's liabili....
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 court reaffirmed that the statutory presumption of bona fide travel under the Railways Act must be upheld unless rebutted by the railway administration with clear evidence; failure to do so rende....
The absence of a journey ticket does not negate a claim for compensation under the Railways Act; once prima facie evidence of being a bona fide passenger is established, the burden shifts to the Rail....
Section 124A of the Railways Act, 1989 imposes strict liability on Railways for deaths from untoward incidents, with no requirement for proving negligence or production of a ticket to establish bona ....
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