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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Sumitra Barik – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding the incident and claim. (Para 1 , 2) |
| 2. arguments by the appellants emphasizing flaws in tribunal’s decision. (Para 3 , 4) |
| 3. tribunal's analysis and findings on evidence. (Para 5 , 6 , 8) |
| 4. legal standards for compensation under the railways act. (Para 9 , 10 , 11 , 12 , 24) |
| 5. court's final ruling to grant compensation. (Para 25 , 28 , 29) |
JUDGMENT :
Sanjeeb K. Panigrahi, J.
1. In this appeal, the appellant seeks a direction from this court to set aside the order dated 19.02.2020 passed in O.A. No. 93 of 2017 by the learned Railway Claims Tribunal, Bhubaneswar Bench and to grant statutory compensation of eight lakh rupees with interest, holding the incident to be an untoward incident.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) On 01.10.2016, the deceased, Mukunda Barik, was travelling with his son, from Yeshwantpur to Balasore by the Yeshwantpur–Howrah Express. At KM No. 270/16-14, between Markona and Soro railway stations, he allegedly fell from the running train due to the push and pull of passengers and died on the spot.
(ii) The GRPS, Balasore registered UD Case No. 78/2016 and conducted investigation.
Strict liability under Section 124A of the Railways Act mandates compensation for untoward incidents involving bona fide passengers, regardless of negligence claims or absence of tickets.
The court held that the deceased was a bona fide passenger and the incident constituted an ‘untoward incident’ under the Railways Act, thus entitling the claimants to compensation.
The Railway Administration is strictly liable to compensate for deaths from untoward incidents unless exceptions under Section 124A apply; negligence is irrelevant to claim validity.
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 absence of a valid ticket does not negate the status of a bona fide passenger, and the Railway Administration must prove any exceptions to liability under the Railways Act.
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 ....
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....
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 ....
A bona fide passenger with a valid ticket is entitled to compensation under Section 124A of the Railways Act unless the Railway proves exceptions like suicide or self-inflicted injuries.
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