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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Nirupar Manta – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. facts of the incident and claim (Para 1 , 2) |
| 2. arguments presented by the appellants and respondents (Para 3 , 4) |
| 3. tribunal’s initial findings and evidentiary assessment (Para 5 , 6 , 7 , 8 , 9) |
| 4. strict liability under section 124a (Para 10 , 11 , 12 , 13 , 14) |
| 5. evidentiary burden and conclusions on liability (Para 15 , 16 , 17 , 18) |
| 6. final judgment and directions for compensation (Para 21 , 22 , 24 , 25) |
Judgment :
1. In the present appeal, the Appellants challenge the judgment and order dated 08.01.2020 passed by the Railway Claims Tribunal, Bhubaneswar in OA No. 289 of 2016, 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 in between Soro and Balasore Railway Station, as a result of which he succumbed to injuries and died on the spot.
(iv) On the bas
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 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 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 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....
Death of a bona fide passenger from a moving train fall constitutes an 'untoward incident' under the Railways Act, establishing strict liability for compensation despite negligence.
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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