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J. J. MUNIR
U. O. I. through General Manager Northern Railway, New Delhi – Appellant
Versus
Harish Chandra Tiwari – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This is an appeal by the Union of India through the General Manager, Northern Railways from a judgment and order of the Railway Claims Tribunal, Lucknow Bench, Lucknow, in Case No. OA/II/U/384/2013, Harish Chandra Tiwari vs. Union of India, awarding compensation to the claimant-respondent on account of his father's death in a railway accident.
2. The claimant, Harish Chandra Tiwari, instituted proceedings under Section 16 of the Railway Claims Tribunal Act, 1987 with allegations that on 17.03.2011, his father, Ram Prasad Tiwari, died in a railway accident, while travelling on board the Ganga Gomti Express from Lucknow to Prayag. It was pleaded by the claimant that his father boarded the Ganga Gomti Express at Lucknow with Prayag as the destination on a Second Class ticket, on 17.03.2011. As the train was moving near the Up Advance Signal at the Lalgopalganj Railway Station, the deceased suddenly fell off the train. In consequence of the injuries sustained in the accident, Ram Prasad Tiwari died. The petitioner filed a written statement, wholesomely denying the respondent's claim. The claim was particularly resisted on the plea that the deceased was neither
Point of law: Mere presence of a body on the railway premises will not be conclusive to hold that injured or deceased was a bona-fide passenger for which claim for compensation could be maintained. H....
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 principle of strict liability applies to railway accidents, and proof of negligence is not required. In such cases, the claimant is entitled to compensation unless the railway authority can prove....
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....
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.
The Court affirmed that a passenger's accidental fall from a moving train constitutes an 'untoward incident', ensuring compensation under the no-fault principle without regard to negligence.
The court established that the absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act.
Accidental fall from running train constitutes untoward incident for bonafide passenger; affidavit discharges initial burden, shifting to railways on preponderance of probabilities; no-fault compensa....
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