DUPPALA VENKATA RAMANA
Ramkishore Sahu – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Duppala Venkata Ramana, J.
This is an appeal challenging the judgment dated 28th June, 2021 passed by the Railway Claims Tribunal, Bhopal (for short “the Tribunal”) in Case No. OA-IIu/BPL/214/2017, dismissing the claim of the appellants.
2. For the sake of convenience, the parties are referred to as they were arrived before the Tribunal.
3. The facts of the case, as summarized in the impugned judgment as extracted below.
4. In the present petition Santosh Sahu was travelling on 6-4-2017 by Train No. 16031 Andaman Express from Betul to Bhopal after having purchased a second class general ticket bearing No. AE-675471373 on the fateful day. When the train reached near Habibganj Station, the deceased slipped and fell from the moving train due to sudden jerk while the train passing through the Habibganj Station as a result both his legs were cut of by the train and sustained severe injuries and shifted to Hospital, where during treatment, he succumbed to injuries. It is submitted that untoward incident happened due to sole negligence of the respondent/Railways, therefore, Railways is liable to pay compensation to the appellants/claimants for an untoward incident as the deceased wa
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 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 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 ....
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.
Death of a bona fide passenger from a moving train fall constitutes an 'untoward incident' under the Railways Act, establishing strict liability for compensation despite negligence.
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 claimant must demonstrate foundational facts for compensation under the Railways Act; non-recovery of a ticket does not negate passenger status, and the railway's liabili....
The Railway Administration is strictly liable for compensation when a verified bona fide passenger dies in an untoward incident, barring specific statutory exceptions; evidence of bona fide passenger....
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.
The deceased was established as a bona fide passenger, making the Railway Administration strictly liable for compensation under Section 124A due to the untoward incident leading to his death.
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