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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
VAKITI RAMAKRISHNA REDDY
Sajida Begum @ Sajida – Appellant
Versus
Union of India, Rep. by its General Manager, South Central Railway, Secunderabad – Respondent
| Table of Content |
|---|
| 1. incident description and claim basis. (Para 1 , 3 , 4) |
| 2. issues framed for determination. (Para 5 , 10) |
| 3. evidence supporting applicants' claim. (Para 6 , 14) |
| 4. appellants' contention of bona fide travel. (Para 11 , 12 , 13) |
| 5. court's analysis on burden of proof. (Para 18 , 24 , 25) |
| 6. findings regarding the date of death. (Para 30 , 31 , 32 , 33) |
| 7. quantum of compensation calculation. (Para 36 , 38 , 39) |
| 8. final legal conclusions on entitlement. (Para 40 , 41) |
| 9. result of the appeal. (Para 42) |
JUDGMENT :
Vakiti Ramakrishna Reddy, J.
This Civil Miscellaneous Appeal is filed against the order dated 12/03/2019 passed in O.A.A. 175/2015 by the learned Railway Claims Tribunal Secunderabad, wherein the application filed by the applicants under section 124-A of the Railways Act, 1989, claiming compensation of Rs 10,00,000/- with interest and costs from the South-Central Railways, Secunderabad for the death of the deceased in an untoward incident that occurred on 22.04.2015, was dismissed.
2. For the sake of the clarity and convenience, the parties hereinafter shall be referred as per their status before the Tribunal.
I. BRIEF FACTS
3. The applicant Nos.1 to 4, who are the wif
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 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 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 ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
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 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 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.
Strict liability under Section 124A of the Railways Act mandates compensation for untoward incidents involving bona fide passengers, regardless of negligence claims or absence of tickets.
Point of Law : Mere absence of ticket with such injured or deceased will not negative claim that he was a bona fide passenger. Initial burden will be on the claimant which can be discharged by filing....
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