IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 12.12.2025 Union of India ...... Appellant versus Shanti and another ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Somesh Gupta, Senior Panel Counsel for the applicant-appellant.

Mr. Kartar Singh Malik-I, Advocate for the respondents.

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PANKAJ JAIN, J. (Oral)

CM-24567-CII-2025 This is an application for restoration of the appeal which was dismissed for non-prosecution vide order dated 12.09.2025.

For the reasons mentioned in the application, the same is allowed.

Main case is restored to its original number and is taken on Board today itself.

1. The present appeal has been filed at the behest of Union of India assailing the order dated 11.04.2018 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh whereby the claim application filed by the respondents–claimants was allowed and compensation was awarded on account of the death of Daulat.

2. The claimants pleaded before the Tribunal that on 21.04.2013, the deceased was travelling in Train No.54007 from Rohtak to Jind. During the journey, he accidentally fell from the moving train, sustained injuries and died on the spot.

3. The Railway Administration contested the claim primarily on the ground that no travel ticket was recovered from the body of the deceased and therefore, he could not be treated as a bona fide passenger. It was further alleged that the said train does not pass through the said route.

4. Upon appreciation of evidence, the Tribunal recorded a finding that the deceased was travelling in the train in question and that the incident amounted to an untoward incident. It further held that mere non-recovery of the ticket was not sufficient to dislodge the claim of bona fide travel. Compensation was accordingly awarded.

5. Learned counsel for the appellant reiterates that in the absence of recovery of a valid ticket, the deceased could not be treated as a bona fide passenger and that the Tribunal erred in allowing the claim.

6. I have heard learned counsel for the parties and perused the record.

7. It is not in dispute that the death occurred due to falling from a running train. The sole issue raised is with regard to non- recovery of the ticket. The same is no longer res integra. The Supreme Court in the case of Union of India v. Rina Devi, (2019) 3 SCC 572 has held that mere absence or non-recovery of a ticket is not conclusive to hold that the victim was not a bona fide passenger. It was further held that once it is established that the death of the victim occurred due to railway, there is presumption attached that he was a Bonafide passenger.

Then the burden shifts upon railways to prove otherwise.

8. The Tribunal has, on appreciation of evidence, recorded a finding that the deceased was travelling in the train in question. The appellant has failed to establish anything on record to prove that the case falls within the exceptions contained in the proviso to Section 124A of The Railways Act, 1989.

9. In view of the above, this Court finds no infirmity in the impugned order passed by the Railway Claims Tribunal. The appeal is hereby dismissed.

10. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off.

(PANKAJ JAIN)

JUDGE

12.12.2025 Dinesh Whether speaking/reasoned : Yes Whether Reportable : No