DUPPALA VENKATA RAMANA
UNION OF INDIA – Appellant
Versus
DEVKARAN – Respondent
ORDER :
1. This appeal under section 23 of Railways Claims Tribunal Act, 1987 (for short “the Act of 1987”) has been preferred by the appellant represented by General Manager, Western Central Railways Jabalpur challenging the award dated 23-8-2016 delivered by Railway Claims Tribunal, Bhopal (for short “the Tribunal”) in case No. O.A. No. IIu/BPL/2012/0415 granting compensation of Rs. 4,00,000/- along with interest 8% per annum from the date of claim application i.e. 18-9-2012 till the date of passing the aforesaid order against the respondent/railways on account of the death of deceased-Ashish Patel who died while travelling in a train on 8-6-2012.
2. For the sake of convenience, the parties hereinafter referred to they are arrayed before the RCT in the claim petition.
3. The concise facts in the claim petition, relevant for determination of the appeal, are as under.
4. Twenty two years old Ashish Patel was a Medical Representatives at the time of his death on 8-6-2012 and while the deceased travelling from Nagpur to Bhopal for his work with a second class journey ticket, further stated that when the train reached Habibganj railway station due to heavy crowd in the compartment and jol
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 valid ticket does not negate the presumption of a passenger's bona fide status, and the Railway Administration is strictly liable 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....
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....
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 accidental fall from a train constitutes an 'untoward incident' under the Railways Act, entitling the victim's family to compensation, regardless of....
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 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 ....
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