Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Nabanita Das – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. case background and details of untoward incident (Para 1 , 2) |
| 2. arguments regarding misappreciation of evidence (Para 3 , 4) |
| 3. tribunal's findings and reasoning (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. court's strict liability interpretation (Para 15 , 17 , 18 , 20 , 22 , 24) |
| 5. judgment and order for compensation (Para 25 , 26 , 27 , 28 , 29) |
Judgment :
1. In the present appeal, the Appellants challenge the judgment and order dated 10.02.2020 passed by the Railway Claims Tribunal, Bhubaneswar in Case No.283 of 2016 which dismissed 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 Appellants submit that during the course of the journey, the compartment in which the deceased was travelling was overcrowded, and owing to a sudden jerk caused by the abrupt application of brakes coupled with the push and pull of fellow passengers, the deceased lost his balance, fell from the running train in Platform No.1 at Jajpur Road, as a result he was succumbed with injuries and died on the spot.
(iv)
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.
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 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 ....
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 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....
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
