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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
D.Sugunamma DIED – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. describes the tragedy leading to a compensation claim. (Para 1 , 3) |
| 2. outlines the respondent's arguments against the claim. (Para 4 , 5 , 6 , 7) |
| 3. summarizes the appellants' arguments and reliance on prior cases. (Para 8 , 9 , 10 , 11) |
| 4. examines the evidence submitted and witness accounts. (Para 12) |
JUDGMENT :
B.R. MADHUSUDHAN RAO, J.
1. The present Civil Miscellaneous Appeal is filed by the appellants- applicants under Section 23 of Railway Claims Tribunal Act, 1987 assailing the judgment in O.A.II (U) No.105 of 2014 dated 17.12.2018.
2.1. Appellant No.1 (died) is the wife and appellant Nos.2 to 5 are the children of the deceased-Venkat Reddy.
2.2. Appellants are the applicants and respondent is the respondent in O.A.II (U) No.105 of 2014.
3. It is stated in the O.A. that D.Venkat Reddy, aged about 78 years, retired employee, resident of Lalithanagar, went to Shamshabad in the early morning hours of 30.12.2013 to the house of his relatives and from there he went to Dharmagiri Dharmasai Temple for morning Darshan. In return journey, D.Venkat Reddy was accompanied by his relative by name S.Padmanabha Reddy went to Umdanagar railway station and purchased a passenger ti
Governs the entitlement to compensation for accidental death by affirming the principle of 'no fault' liability under the Railways Act, allowing claims despite absence of ticket.
The absence of a ticket does not negate the claim of a deceased as a bona fide passenger; once the claimants establish initial proof, the burden shifts to the Railways to rebut it.
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 court established that a bona fide passenger is entitled to compensation under the Railways Act for an accidental death classified as an 'untoward incident', affirming strict liability principles....
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....
Death of passenger in untoward incident – Mere absence of ticket with injured or deceased will not negative claim that he was a bona fide passenger.
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.
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