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G. S. AHLUWALIA
GENDAKALI W/o LATE SHAMBHU PRASAD TIWARI – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT : – This miscellaneous appeal under section 23 of Railway Claims Tribunal Act, 1987 has been filed against the award dated 24-6-2021 passed by Member, Railway Claims Tribunal, Bhopal in Case No. OA/IIu/BPL/068/2019 by which the claim petition filed by the appellants for grant of compensation has been rejected mainly on the ground that the claim of the appellants is hit by section 124-A of Railways Act, 1989 and secondly, the deceased was not travelling with a valid ticket.
2. Since the date of the incident and the death of the deceased are not in dispute, therefore, the only questions for consideration are :
(i) whether deceased Shambhu Prasad Tiwari was travelling with a validly issued ticket or not? (ii) whether the claim is hit by section 124-A of Railways Act, 1989? (i) whether the deceased Shambhu Prasad Tiwar was traveling with a validly issued railway ticket ?
3. It is the case that when the deceased was trying to deboard a moving train, he slipped on the platform, as a result, both of his legs were badly damaged. Since the deceased was all alone, therefore, his son was informed. A Roznamcha Sanha, A/1 was recorded by Su- Inspector, R.P.F. outpost Beohari on 26-6-20
The main legal point established in the judgment is that claimants must discharge their initial burden of proof to show the deceased was traveling with a valid ticket, and an attempt to deboard a mov....
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.
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 absence of a ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
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....
The court ruled that an accidental falling of a bona fide passenger from a train constitutes an 'untoward incident' under the Railways Act, mandating strict liability for compensation, irrespective o....
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....
The incident of falling under a moving train constituted an untoward incident, entitling the appellants to compensation under Section 124-A of the Railways Act.
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