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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Bipin Lugun – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. establishment of an untoward incident under the railways act. (Para 1 , 2) |
| 2. arguments presented by the appellants contesting the tribunal's findings. (Para 3 , 4) |
| 3. findings of the tribunal regarding the deceased's status as a passenger. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. court's reasoning on the interpretation of the railways act and burden of proof. (Para 12 , 13 , 14 , 15 , 16 , 18 , 20 , 21 , 22 , 23) |
| 5. conclusion of the judgment overturning the tribunal's decision. (Para 24 , 25 , 26 , 27 , 28) |
JUDGMENT :
1. In the present appeal, the Appellant challenge the judgment and order dated 24.01.2025 passed by the Railway Claims Tribunal, Bhubaneswar (hereinafter referred to as “the Tribunal” for brevity) in O.A.(IIU) No.74 of 2024 dismissing their claim application for compensation arising out of the death alleged to have occurred in an ‘untoward incident’ within the meaning of Section 124A of the Railways Act, 1989.
2. The brief facts of the case are as follows:
(ii) The GRPS, Jharsuguda registered UD Case No. 56/2023 and investigated into the matter. The Police during the inquest recorded cause of death of the deceased to be fall down from running train, confirmed by
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 deaths from untoward incidents unless exceptions under Section 124A apply; negligence is irrelevant to claim validity.
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 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 Railway Administration is strictly liable for compensation when a verified bona fide passenger dies in an untoward incident, barring specific statutory exceptions; evidence of bona fide passenger....
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 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 deceased was established as a bona fide passenger, making the Railway Administration strictly liable for compensation under Section 124A due to the untoward incident leading to his death.
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.
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