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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Teeja Devi – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Pankaj Jain, J.
The appeal has been preferred by the dependents of the deceased- Rameshwar Lal.
2. Pleaded case of the claimants is that on 04.08.2011 the deceased was going from Pataudi Road railway station to Rewari in train No.1 RNT/54011 at about 8:20 pm when the train reached between Khalil Pur and Ichha Puri railway stations, the deceased who was standing near the gate, fell down from the train due to heavy rush and jerk and died due to fatal injuries.
3. The respondent/Railways contested the claim on the ground that no untoward incident occurred causing accident of the deceased within the meaning of Section 123(c)(2) read with Section 124A of the Railways Act, nor the deceased was a bonafide passenger, the present application is not maintainable.
4. On the basis of the pleadings, following issues were framed:
"1. Whether the deceased was a bonafide passenger of train at the time of incident?
2. Whether the incident is covered within ambit of Section 123 (c)-(2) read with section 124-A of the Railways Act?
3. Whether the applicant(s) is/are the sole dependant(s) of the deceased?
4. Relief."
5. Tribunal rejected the claim, holding that from the Jamatalashi, ticket was recover
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.
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 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.
The Railway Administration is strictly liable for compensation when a verified bona fide passenger dies in an untoward incident, barring specific statutory exceptions; evidence of bona fide passenger....
The Railway Administration is strictly liable to compensate for the death of a bona fide passenger resulting from an untoward incident, irrespective of negligence, provided the incident falls within ....
Liability under Section 124A of the Railways Act is strict and no evidence of negligence is required once an untoward incident is established involving a bona fide passenger.
The court established that a claimant must demonstrate foundational facts for compensation under the Railways Act; non-recovery of a ticket does not negate passenger status, and the railway's liabili....
The absence of a journey ticket does not negate a claim for compensation under the Railways Act; once prima facie evidence of being a bona fide passenger is established, the burden shifts to the Rail....
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