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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Godabari Parida – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to railway accident (Para 1 , 3 , 4 , 6 , 7) |
| 2. evidence presented by both parties (Para 5 , 8) |
| 3. importance of evidence over report findings (Para 9 , 10) |
| 4. standards for compensation entitlement (Para 11) |
| 5. outcome: compensation awarded (Para 12) |
JUDGMENT :
1. Present appeal by the claimant is directed against the judgment and award dated 27th September 2021 passed by Railway Claims Tribunal, Bhubaneswar Bench in Case No.OA-IIU/85/2018, wherein the prayer of the Appellant (claimant) for compensation of death of his wife, namely, Goli Parida arising out of Railway accident, has been refused.
3. The case of the claimant is that her wife, namely, Goli Parida while travelling in Berhampur-Bhubaneswar DMU passenger Train No.58412 from Huma to Balugaon Railway Station on 28th January 2018, she accidently fell down at Balugaon Railway Station and died.
5. Admittedly, the claimant has examined himself as AW 1 and two other witnesses as AW 2 and 3 in support of his case. He further adduced the inquest report, postmortem examination report and the identity proof of the deceased before the Tribunal. The respondent- Railways on the other hand examined
The absence of a valid ticket does not negate a claim for compensation in cases of accidental death, where compelling evidence supports that the incident was not due to the deceased's fault.
The court established that minor discrepancies in documentation do not negate a claim for compensation under the Railways Act when substantial evidence supports the claim of an untoward incident.
The court affirmed that a passenger's absence of a ticket does not negate their status as a bonafide passenger, and defined 'untowards incident' liberally under the Railway Act.
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 burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
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