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KARAMJIT SINGH
Rukmani – Appellant
Versus
Union of India – Respondent
JUDGMENT
Karamjit Singh, J.
Present appeal has been filed by the appellant against the order of Railway Claims Tribunal, Chandigarh Bench, Chandigarh (in short, "the Tribunal") dated 21.7.2015 whereby the claim application filed by the appellant being mother of the deceased-Ramesh Chand has been dismissed.
2. Brief facts of the case of the appellant are that the appellant was dependent on deceased-Ramesh Chand; that on 11.12.2011, the deceased bought ticket from Railway Station, Gurgaon and boarded Mandore Express train to go from Gurgaon to Bandikui junction and the journey ticket was bearing No.93728632. When the train reached at KM No.32/01-02 in between Gurgaon railway station and Basai Dhankot, due to sudden jerk given by the train, the deceased fell down and sustained multiple injuries and died at the spot. The local GRP was informed about the said untoward incident and then the police reached the spot and recovered the dead body and the same was sent for its post mortem examination and the articles recovered from the dead body were taken into possession by the police. No journey ticket was recovered from the dead body or its surroundings by the police at the time of spot insp
Strict liability applies in railway accident claims; proof of ticket not mandatory if other evidence supports passenger status.
The absence of a train ticket does not negate the status of a deceased as a bona fide passenger under the Railways Act, as the burden of proof can shift based on circumstantial evidence.
Absence of a train ticket does not negate a claim for compensation under Section 124A of the Railways Act if the deceased is proven to be a bona fide passenger.
The absence of a train journey ticket does not disqualify a claim for compensation if sufficient evidence shows the deceased was a bona fide passenger.
The mere absence of a journey ticket does not negate a claim of being a bona fide passenger under the Railways Act, as the initial burden lies on the claimants and shifts to the Railways to disprove ....
The absence of a ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
The Court affirmed that a passenger's accidental fall from a moving train constitutes an 'untoward incident', ensuring compensation under the no-fault principle without regard to negligence.
Claimants must prove possession of a valid railway ticket at the time of an incident to receive compensation, as per Section 124A of the Railways Act, 1989. Discrepancies in evidence can weaken claim....
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