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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Kanchanbala Mohanty – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. appellant's arguments against tribunal's order (Para 3) |
| 3. respondent's defense and claims of negligence (Para 4) |
| 4. tribunal's findings and issues for determination (Para 5 , 6 , 7 , 8) |
| 5. statutory framework regarding untoward incidents (Para 10 , 11 , 12 , 13 , 14) |
| 6. no-fault liability principle outlined in railways act (Para 15 , 16) |
| 7. supreme court's clarification on negligence and compensation (Para 18 , 19) |
| 8. court's affirmations regarding the deceased's status and negligence (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 9. court's conclusion on liability for compensation (Para 27) |
| 10. final ruling and order of compensation (Para 29 , 30 , 31 , 32) |
JUDGMENT :
1. The present First Appeal (FAO) has been filed by the appellant assailing the order dated 13.02.2023 passed by the Railway Claims Tribunal, Bhubaneswar Bench, in O.A. No. 205 of 2017.
2. The brief facts of the case as narrated by the appellant are as follows:
ii. On 22.08.1996, he was deployed near the Central Cabin of Khurda Road Railway Station.
iv. The appellant filed Original Application No. 205 of 2017 before the Railway Claims Tribunal, Bhubaneswar Bench. The said appl
A railway employee on duty is entitled to compensation under Section 124-A of the Railways Act even if the incident is attributed to their negligence, as per the no-fault liability principle.
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.
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 ....
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 bona fide passenger's negligence does not preclude entitlement to compensation for an untoward incident under the Indian Railways Act.
The court reaffirmed that the statutory presumption of bona fide travel under the Railways Act must be upheld unless rebutted by the railway administration with clear evidence; failure to do so rende....
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....
Compensation claims under the Railways Act for untoward incidents require proving bona fide passenger status; absence of valid tickets and unauthorized track presence negate claims.
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....
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