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2025 Supreme(Online)(RCT) 24
RAILWAY CLAIM TRIBUNAL - DELHI
Mr. JUSTICE KANWALJIT SINGH AHLUWALIA, CJ, Mr. MUKESH NIGAM, J
SH ANKIT – Appellant
Versus
UNION OF INDIA THROUGH GENERAL MANAGER – Respondent
OA (II u)/DLI/276/2024
Smt. Ashima Sood, counsel for the applicant. Sh. Mohit Sharma, counsel for the respondent through hybrid mode.
The absence of a ticket does not negate the claim of being a bona fide passenger; the burden of proof shifts based on circumstances.
Headnote:(A) Railways Act, 1989 - Sections 123
(C) and 124-A - Claim for compensation due to injuries sustained in a train incident - Applicant fell from train after mobile phone was snatched - Court found applicant to be a bona fide passenger despite lack of ticket evidence - Untoward incident established as per statutory definitions. (Paras 5, 6, 8, 9, 12, 13)
(B) Compensation - Amount awarded for injuries sustained, including amputation and fractures, totaling Rs 4,50,000/- with 9% interest from the date of incident - Disbursement of compensation to be managed to protect claimant's interests. (Paras 10, 13, 17)
(C) Legal principles - Mere absence of ticket does not negate claim of being a bona fide passenger; burden of proof shifts based on circumstances. (Paras 7, 8)
(D)
Issues: Whether the applicant was a bona fide passenger and whether the injuries were due to an untoward incident. (Paras 5, 6)
Findings of Court:
The applicant was found to be a bona fide passenger and the incident constituted an untoward incident under the Railways Act. (Paras 6, 8)
Ratio Decidendi: The court emphasized that the absence of a ticket does not automatically disqualify a claim for compensation, and the burden of proof lies with the railway authorities to disprove the claim. (Paras 7, 8)
Result: Claim application allowed, compensation awarded.
| Table of Content |
|---|
| 1. incident details and injuries (Para 1) |
| 2. respondent's objections (Para 2 , 3 , 4 , 5 , 6) |
| 3. cctv footage and evidence (Para 7) |
| 4. legal principles on passenger claims (Para 8 , 9 , 10 , 11 , 12) |
| 5. compensation awarded (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
JUDGMENT
Kanwaljit Singh Ahluwalia, Chairman (Oral) :-
1. Ankit, the present applicant, as per the averments made in Annexure ‘1’ to the claim application, on 18th March 2024 along with his cousin and friend undertook journey in Kisan Express train from Delhi to Sirsa. It is the case of the applicant that three separate tickets were purchased for undertaking the journey and the ticket was kept on the back side of the mobile cover of Ankit. It is also the case of the applicant that when the train reached Nangloi railway station, the applicant Ankit and Co-passenger Sandeep, were standing near the gate of the train compartment when someone snatched the mobile phone, and as a result of the same, Ankit fell down from the train and received serious/grievous injuries all over his body resulting into amputation of right leg, fracture of bimalleolar left ankle and fracture of clavicle. The injured was carried from the site of the incident to Sanjay Gandhi Hospital, Mangolpuri, Delhi where MLC was prepared and later he was treated at Maharaja Agrasen Hospital, Delhi, where his right leg was amputated.
2. Notice of the claim application was issued. The respondent filed written statement by way of reply along with the statutory report of DRM exhibit R-1. It would be apposite here to reproduce para 4 of the preliminary objections taken in the written statement as under:-
“4. That in the present matter, the DRM enquiry was conducted during which it was found out that According to the statement of on duty Station Master of Nangloi Railway Station, on 18.03.2024 during duty time a PCR call informed him that a person fell down from Train and got injured between Nangloi- Ghevra at KM No.18/08-09. According to the statement of Claimant/Injured on 18.03.2024 injured along with his cousin brother Sandeep and one of his friend namely Sunny came to Old Delhi Railway Station and his cousin brother Sandeep purchased a general ticket. Later on injured along with cousin brother Sandeep and Sunny boarded in General Coach of Train No. 14731 Kisan Express from Old Delhi to Sirsa. When the said Train crossed Nangloi Railway Station the injured was standing near the gate and at around 3:00 pm one person snatched injured's Samsung mobile with Jio Sim no. 9350199831 and then jumped and ran away from moving Train, in between injured fell down from running Train. Later on injured was admitted in Sanjay Gandhi Hospital and then referred to Maharaja Agrasen Hospital and during treatment injured's right leg was amputated below the knee. When the investigation officer RPF checked the CCTV footage of Old Delhi Railway Station between 13:30 to 14:00 pm, injured and his cousin brother Sandeep are not visible. That the injured person failed to produce any railway ticket regarding to the said incident. That the injured person filed a complaint of snatching incident on 18.03.2024 to RPF/Delhi Sarai Rohilla vide case no. 15/2024 under section 392 IPC versus unknown. Later on RPF arrested the Snatcher/Accused namely Kedari Lal @ Brijesh on 22.03.2024 and presented him before Tis Hazari Court, Accused has been sent to Tihar Jail and now he is under custody. That the injured was not a Bonafide passenger of the train however the incident is not an untoward incident and therefore the Railway has no liability for the alleged incident.”(Reproduced in Verbatim)
3. In the statutory report of DRM, Ex. R-1, the following conclusion was drawn:-
4. In the DRM report, it is admitted that the mobile phone of the injured was snatched and the person who committed the offence of snatching was arrested after four days of the occurrence by the Railway Protection Force and the said accused namely, Kedari Lal @ Brijesh @ Girdhari
