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PANKAJ JAIN
Joginder Thakur – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Pankaj Jain, J.
The appeal has been preferred by the Applicant- Joginder Thakur.
2. Pleaded case of the claimant/appellant is that on 24.09.2013 when the appellant was travelling from Darbhanga to Jagadhri, when the train reached near Jagadhri Railway Station, due to push of passengers, the appellant got imbalanced; fell down from the train and sustained injuries. The fall from the train resulted in partial amputation of right foot of the appellant besides implanting of iron rod in left arm and head injury.
3. The respondent/Railways contested the claim of the claimant on the ground that he was neither a bonafide passenger of the train as he was not travelling in the train on that day nor any such incident, within the meaning of Section 124A of Railways Act took place on 24.09.2013 near Jagadhri Railway Station.
4. On the basis of the pleadings of the parties, following issues were framed:
2. Whether the alleged incident is covered within the ambit of Section 123(c)(2) read with Sec. 124-A of the Railways Act?
3. What are the scheduled and non-scheduled injuries sustained by the ap
The principle of strict liability applies to railway incidents, ensuring compensation for injuries regardless of fault, with the burden of proof shifting to the Railways once a claimant establishes t....
Mere absence of ticket does not negate bonafide passenger status; affidavit suffices to discharge burden. Falling from running train is untoward incident under no-fault liability, entitling dependent....
The main legal point established in the judgment is the determination of a bona fide passenger status and the occurrence of an accident during the journey, falling within the ambit of 'untoward incid....
The court established that a bona fide passenger is entitled to compensation under the Railways Act for an accidental death classified as an 'untoward incident', affirming strict liability principles....
The absence of a valid ticket does not negate the presumption of a passenger's bona fide status, and the Railway Administration is strictly liable for untoward incidents.
The absence of a ticket does not negate the presumption of a passenger's status, and the Railway is liable for compensation under section 124-A for untoward incidents.
Death of passenger in untoward incident – Mere absence of ticket with injured or deceased will not negative claim that he was a bona fide passenger.
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