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KARAMJIT SINGH
Santosh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Mr. Karamjit Singh, J.
This appeal has been filed by the appellants against the judgment dated 18.12.2007 passed by the Railway Claims Tribunal, Chandigarh Bench (in short 'the Tribunal'), vide which the claim application filed by the appellants for grant of compensation was dismissed.
2. The brief facts of the present case as alleged by the appellants are that appellant No.1 is widow and appellants No.2 to 4 are children while appellant No.5 is mother of deceased Jai Singh. That on 24.12.2002, at about 7:30 pm, the deceased aged about 40 years, purchased a passenger ticket from Subzi-Mandi Railway Station, Delhi to go to Sonipat and he boarded MEMU-7DPM Passenger Train and when the said train reached between Pole No.14/19 and Pole No.14/21, the deceased fell from the running train and sustained multiple injuries and died at the spot. The train ticket was misplaced at the time of aforesaid incident along with tiffin, handbag and some cash, which the passenger was carrying with him.
3. The claim petition was contested by respondent and written statement was filed on its behalf, wherein, it was pleaded that no such incident was reported by the Railway officials as has been al
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.
Strict liability applies in railway accident claims; proof of ticket not mandatory if other evidence supports passenger status.
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.
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 absence of a railway ticket does not negate a claim of being a bonafide passenger; the burden of proof shifts to the Railways once the claimant provides relevant evidence.
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