DUPPALA VENKATA RAMANA
DINESH KUMAR DUBEY – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
(Duppala Venkata Ramana, J.) :
The present appeal is filed by appellants, being aggrieved by the rejection of their claim application by the Railway Claims Tribunal, Bhopal Bench vide judgment dated 6-1-2022. The claim being filed under section 16(1) read with section 13(1-A) of Railways Claims Tribunal Act, 1987 and section 124-A of Railways Act, 1989 sought compensation to the tune of Rs. 8,00,000/- with interest @ 12% from the respondent-Railways on account of death of their son in an untoward incident alleged to have been occurred in the intervening night of 12/13-12-2018.
2. For the sake of convenience, the parties are referred to as they arrayed before the RCT.
3. The facts of the case, as summarized in the impugned judgment as extracted below.
4. The present claim application that Shubham Dubey was travelling by unknown train Express from Harda to Khandwa on the strength of valid journey ticket during the course of journey in the intervening night of 12/13-12-2018, he accidentally fell down from the running train as a result died on the spot. That, his clothes were badly torn and all his belongings including journey ticket were lost in the alleged incident. When the de
Kalandi Charan Sahoo vs. South-East Central Railway
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 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 court established that the absence of a ticket does not disqualify a deceased from being considered a bona fide passenger under the Railways Act.
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....
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 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....
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 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 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 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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