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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Nilu Charan Sabat – Appellant
Versus
General Manager, East Coast Railway – Respondent
| Table of Content |
|---|
| 1. claim of accidental death during train travel. (Para 1 , 2) |
| 2. appellant argues the tribunal ignored material evidence. (Para 3) |
| 3. respondents claim the appellant lacks evidence. (Para 4) |
| 4. tribunal finds no eyewitness or ticket evidence. (Para 5) |
| 5. court criticizes tribunal's erroneous findings. (Para 6) |
| 6. court overturns tribunal decision; compensation awarded. (Para 7 , 8 , 9) |
JUDGMENT :
SanjeebK Panigrahi, J.
1. The instant appeal has been preferred by the Appellant questioning the legality of the judgment and award dated 07.02.2022 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A. (IIU) No.323 of 2017. By the instant impugned judgment, the learned Tribunal was pleased to reject the claim application instituted under Section 124A of the RAILWAYS ACT , 1989, thereby declining compensation in respect of the accidental death of the deceased alleged to have occurred in the course of a bona fide journey. The Appellant, being dissatisfied with such adjudication, has invoked the appellate jurisdiction of this Court, urging that the impugned judgment is perverse, contrary to the weight of evidence on record, and inconsistent with the
Railway Administration is strictly liable for injuries to bona fide passengers during travel; compensation must be granted under the Railways Act when an untoward incident occurs.
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.
Passengers can establish bona fide status without a ticket if oral and circumstantial evidence supports travel claims; accidental falls from trains qualify as untoward incidents under the Railways Ac....
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....
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 ....
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.
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 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 absence of a valid ticket does not negate the status of a bona fide passenger, and the Railway Administration must prove any exceptions to liability under the Railways Act.
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