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DUPPALA VENKATA RAMANA
UNION OF INDIA – Appellant
Versus
RAJKUMARI RATHORE – Respondent
ORDER :
(Duppala Venkata Ramana, J.) :
This appeal is filed Under section 23 of the Railways Claims Tribunal Act, 1987 (hereinafter referred to as “the 1987 Act”) by the appellant/railways aggrieved by the judgment dated 16-4-2019 in O.A./No. IIu/2014/0240 passed by the Railway Claims Tribunal, Bhopal (hereinafter referred to as “the RCT”) whereby, the claim application filed by the respondents/claimants filed under section 16 of the 1987 Act, passed an award of compensation of Rs. 8,00,000/- on account of death of Bhimsen @ Ramesh Singh Rathore, who died in train accident while travelling in a train on 1-6-2013.
2. For the sake of convenience, the parties referred to as they are arrayed before the RCT.
3. The facts of the case, as summarized in the impugned order as extracted below.
4. Smt. Rajkumari Rathore and Smt. Munni Bai and Panchu Rathore who are the wife and parents of the deceased have filed the present claim application praying compensation for the death of the deceased-Bhimsen @ Ramesh Singh Rathore on 1-6-2013 in an untoward incident. On 1-6-2013, the deceased was travelling from Anuppur to Bilaspur by Ajmer-Durg Express due to heavy crowd in the train the deceased was sta
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.
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 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.
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....
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 absence of a ticket does not negate the claim of a deceased being a bona fide passenger under the Railway Act, and compensation is payable under strict liability principles.
The mere absence of a journey ticket does not negate a claim of being a bona fide passenger under the Railways Act, as the initial burden lies on the claimants and shifts to the Railways to disprove ....
The absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act, and the Railways are strictly liable for compensation in cases of untoward i....
The absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act, and incidents leading to death can be classified as untoward incidents warra....
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