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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Budun Minji – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. overview of the case and circumstances surrounding the death. (Para 1 , 2 , 4) |
| 2. appellants argue against tribunal's dismissal. (Para 3) |
| 3. court considers essential questions for liability. (Para 5 , 11 , 12) |
| 4. duty of proof on establishing bona fide passenger status. (Para 13 , 17) |
| 5. legal standards regarding accidental death and burden of proof. (Para 14 , 20) |
| 6. statutory entitlement and conditions for compensation. (Para 19 , 21) |
| 7. outcome of the appeal allowing compensation. (Para 22 , 23 , 24 , 25) |
JUDGMENT :
1. In the present appeal, the Appellants challenge the judgment and order dated 01.01.2024 passed by the Railway Claims Tribunal, Bhubaneswar in Original Application No.152 of 2017, which dismissed the 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) During the course of the journey the compartment was overcrowded, and due to sudden jerk caused by the application of brakes and the push and pull of passengers, the deceased lost his balance, fell from the running train near Lijkura Rai
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 to compensate for the death of a bona fide passenger resulting from an untoward incident, irrespective of negligence, provided the incident falls within ....
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.
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 deaths from untoward incidents unless exceptions under Section 124A apply; negligence is irrelevant to claim validity.
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 for compensation when a verified bona fide passenger dies in an untoward incident, barring specific statutory exceptions; evidence of bona fide passenger....
Liability under Section 124A of the Railways Act is strict and no evidence of negligence is required once an untoward incident is established involving a 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....
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