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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Ravinder Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Pankaj Jain, J.
Insured/claimant is in appeal aggrieved of the award dated 12.08.2015 passed by Railway Claims Tribunal, Chandigarh Bench.
2. Claim petition was filed by the appellant claiming that on 06.11.2012 he purchased ticket to travel from Nawan Railway Station to Mahendergarh. While boarding passenger train, he fell down due to heavy rush and sustained injuries. His left leg was amputated near hip and paw of right leg was also cut down by the train. He thus claims that he suffered injuries which led to 100% disability in an untoward incident while travelling on train having a railway ticket and is thus entitled for compensation.
3. Claim was resisted by the respondent/UOI claiming that the injured never purchased any railway ticket and was thus not a bona fide passenger. It was further claimed that the injury suffered by the claimant was on account of his own negligence and thus, the claim petition be dismissed.
4. On the basis of the pleadings of the parties, Tribunal framed the following issues:
1. Whether the injured/applicant was a bonafide passenger of train at the time of incident?
2. Whether the alleged incident is covered within the ambit of Section 123 (c) read
The main legal point established in the judgment is that the appellant's evidence was sufficient to prove that he was a bona fide passenger and that the injuries were sustained in an untoward inciden....
Injuries sustained while boarding a train constitute an 'untoward incident' under the Railways Act, entitling bona fide passengers to compensation.
The burden of proof lies on the railway administration to establish whether an injured person found on railway premises is a bona fide passenger, and failure to do so makes the railway administration....
The absence of a ticket does not negate a claim for compensation if the passenger can prove they were a bona fide passenger, emphasizing the burden of proof can shift based on circumstances.
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....
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