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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Pronab Phukan – Appellant
Versus
Union of India – Respondent
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| 1. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
JUDGMENT :
1. In the present appeal, the Appellants challenge the judgment and order dated 01.10.2019 passed by the Railway Claims Tribunal, Bhubaneswar in OA No.29 of 2015, 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) The GRPS, Baleswar registered UD Case No. 06 of 2015 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 final report, post-mortem report and other papers.
(iv) On the basis of the pleadings the Tribunal framed five issues for adjudication, and upon detailed examination, concluded that the victim died due to his own negligence and was not a bona fide passenger. The claim application was, accordingly, dismissed.
II. SUBMISSIONS ON BEHALF OF THE APPELLANTS
(i) The Appellants submitted that the dismissal of the Original Application by the Railway Claims Tribuna
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 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 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 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 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 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....
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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