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DUPPALA VENKATA RAMANA
GIRIJA BAI w/o LATE JAGDISH SHARMA – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
(Duppala Venkata Ramana, J.) :
This appeal is preferred under section 23 of the Railways Claims Tribunal Act, 1987 (hereinafter referred to as “the 1987 Act”) by the appellants/claimants aggrieved by the judgment dated 11-1-2018 in O.A/IIu/2013/0360 passed by the Railway Claims Tribunal, Bhopal (hereinafter referred to as “the RCT”) whereby, claim petition filed by the appellants/ claimants filed under section 16 of the 1987 Act read with section 123(c)(2) and 124-A of the Railway Act, 1989 for compensation to the tune of Rs. 8,00,000/- (Rupees Eight Lakh) with interest against the respondent/Railways on account of death of deceased-Jagdish Sharma in an untoward incident alleged to have been occurred on 20-2-2013, has been rejected.
2. For the sake of convenience, the parties are referred to as they arrayed before the RCT.
3. The brief facts of this case as summarized in the impugned order are that on 20-2-2013, the deceased Jagdish Sharma was travelling by Rewanchal Express from Bhopal to Ganj Basoda holding a valid second class ticket which was lost in the incident. It is further stated that when the train is going on, due to heavy crowd in the general compartment, the dec
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.
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.
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 court established that a bona fide passenger's negligence does not preclude entitlement to compensation for an untoward incident under the Indian Railways Act.
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.
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 ....
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....
The court held that the deceased was a bona fide passenger and the incident constituted an ‘untoward incident’ under the Railways Act, thus entitling the claimants to compensation.
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