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DUPPALA VENKATA RAMANA
Brijlal Ahirwar – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
This present appeal has been filed by the appellants/claimants against the judgment of the Railway Claims Tribunal, Bhopal (in short ‘the Tribunal’) dated 12-4-2018, whereby the claim petition filed by the appellants being dependents of the deceased-Manoharlal Ahirwar has been dismissed.
2. For the sake of convenience, the parties are referred to as they arrayed before the RCT.
3. Succinctly stated, the brief facts of this case are that the deceased-Manoharlal Ahirwar was son of first and second appellants and husband of third appellant and father of the fourth and fifth appellants. That on 28-12-2012 the deceased was a passenger of the train Bhopal-Jodhpur passenger travelling Ex-Vidisha to Mungawali holding a valid II-class ordinary journey ticket. When the train was about to arrive at Mungawali station the deceased came to the door of the coach to get down, due to heavy crowd in the compartment and jolting of the train and push by the co-passengers from behind and unexpectedly fell down from the running train and died on the spot. On the memo of the Station Manager, Mungawali, Govt. Railway Police Guna registered vide merg No. 13/2012 and conduct naksha panchayatnama and
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 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 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 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 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 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 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....
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 valid ticket does not negate the status of a bona fide passenger, and the Railway Administration must prove any exceptions to liability under the Railways Act.
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