Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Kavita devi Verma – Appellant
Versus
Union of India, Represented through its General Manager, East Coast Railway – Respondent
| Table of Content |
|---|
| 1. facts surrounding the incident involving the deceased. (Para 1 , 2) |
| 2. appellants' arguments on claim and liability. (Para 3 , 4) |
| 3. court's analysis of passenger status and untoward incident definition. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. final judgment to grant compensation to appellants. (Para 15 , 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
1. In the present appeal, the Appellants challenge the judgment and order dated 04.03.2022 passed by the Railway Claims Tribunal, Bhubaneswar in OA No. 38 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) The GRPS, Sambalpur registered UD Case No. 03 of 2017 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 neg
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 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 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.
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 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 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.
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
