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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Rattan Kaur – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Pankaj Jain, J.
The appeal is at the behest of the claimant seeking compensation from Railways on account of death due to untoward incident. Chapter XIII of the Railways Act, 1989 (hereinafter referred to as the '1989 Act') deals with the liability of Railway Administration to pay compensation on account of death of passengers and injury to the passengers due to accidents and untoward incidents.
2. Claimant filed claim application pleading that on 12.07.2013 the deceased Satnam Singh went to Kishangarh railway station and purchased the ticket of Rs.190/- and boarded the train from Punjab side. The deceased accidentally fell down from the running train at Chawa Railway Station yard due to jerk and jolt of the train, received multiple injuries. The deceased was later taken in injured condition to civil hospital where he died.
3. Claim was resisted by the railways claiming that the incident does not fall under the provisions of Section 123(c)(2) read with Section 124A of the Railways Act and that the deceased was not a bonafide passenger being not in possession of a valid railway ticket.
4. On the basis of the pleadings, following issues were framed :
(i) whether the deceased was
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....
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.
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 deceased was established as a bona fide passenger, making the Railway Administration strictly liable for compensation under Section 124A due to the untoward incident leading to his death.
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.
Section 124A of the Railways Act, 1989 imposes strict liability on Railways for deaths from untoward incidents, with no requirement for proving negligence or production of a ticket to establish bona ....
The Railway Administration is strictly liable to compensate for deaths from untoward incidents unless exceptions under Section 124A apply; negligence is irrelevant to claim validity.
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