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2025 Supreme(Online)(RCT) 145
RAILWAY CLAIM TRIBUNAL - DELHI
Mr. JUSTICE KANWALJIT SINGH AHLUWALIA, CJ
SH LAXMINARAYAN MISHRA & ANR – Appellant
Versus
UNION OF INDIA THROUGH GENERAL MANAGER – Respondent
OA (II u)/DLI/224/2024
Smt. Ashima Sood, Sh. Mohit Sharma
The absence of a valid ticket does not negate the status of a deceased as a bona fide passenger, and the burden of proof shifts based on the evidence presented.
Headnote:(A) Railway Claims Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Section 123(c) - Claim for compensation due to untoward incident - Deceased fell from train and died - Claimants asserted deceased was a bona fide passenger - Respondent contended deceased was not a bona fide passenger due to lack of valid ticket - Tribunal found deceased was a bona fide passenger and incident constituted an untoward incident - Compensation awarded of Rs. 8,00,000/- with 9% interest. (Paras 1, 2, 12, 18)
(B) Burden of Proof - The initial burden lies on the claimant to prove the deceased was a bona fide passenger, which can be discharged through affidavits and relevant facts. (Para 9)
Facts of the case:
The deceased, Shivam Mishra, fell from the train while traveling from Hazrat Nizamuddin to Hyderabad, resulting in fatal injuries. The claimants, his parents, sought compensation under the Railway Claims Tribunal Act, asserting he was a bona fide passenger despite the absence of a valid ticket. (Paras 1, 2)
Findings of Court:
The Tribunal concluded that the deceased was indeed a bona fide passenger and died due to an untoward incident, awarding compensation of Rs. 8,00,000/- with interest. (Paras 12, 18)
Issues: The main issues included whether the deceased was a bona fide passenger and if the incident constituted an untoward incident under the Railways Act. (Paras 5)
Ratio Decidendi: The court held that the absence of a ticket does not negate the claim of being a bona fide passenger, emphasizing that the burden of proof shifts based on the evidence presented. (Para 9)
Result: Claim application allowed.
JUDGMENT
Kanwaljit Singh Ahluwalia, Chairman (Oral):-
1. Shivam Mishra aged 22 years, unmarried son of the applicants, as per the averments made in Annexure-1 to the claim application, on 12th August 2023 undertook journey from Hazrat Nizamuddin to Hyderabad in train No. 12722 Dakshin Express. It is pleaded that Shivam Mishra (hereinafter called ‘deceased’) having purchased a ticket boarded the above said train and when the said train reached near Faridabad Railway Station, he accidentally fell down from the train and received injuries which proved fatal. It is further the case of the applicants that from the spot, the deceased, in an injured condition, was taken to B.K Hospital where he was declared dead. It is further the case of the applicants that the ticket purchased by the deceased was lost during the incident.
2. The present claim application has been filed by parents of the deceased under Section 16 of the Railway claims Tribunal Act praying that for the injuries suffered by their son in an untoward incident, compensation be awarded, as the deceased was a bonafide passenger of the train in question at the relevant time of the incident.
3. Notice of the claim application was issued. The respondent filed written statement by way of reply along with the statutory report of DRM Ex. R-1. The stand of the respondent is discernible from Para-4 of the Preliminary Objections and the said Para-4, for ready reference, is reproduced below:-
“4. That in the present matter, the preliminary enquiry was conducted and it was found that the as per the statement of Station Master of Faridabad Railway Station on 12.08.2023 during shift time at around 23:20 PM Sh. Ranjeet Singh ASI/FDB informed him that a person's legs got amputated from train no.12722 Dakshin Express (Nizzamuddin to Hyderabad). With regard to the above said information Station Master issued Memo and form no.1, later on the injured got died. During Jamatalashi one Aadhar card, pan card, 50/- rupees cash, one switched off touch screen Mobile and a General Railway Ticket bearing no.UTS 18205203 from Udaipur to Ballabhgarh dated 11.08.2023 time 17:36 was found from the Deceased. The Ticket was verified by commercial superintendent (booking) NWR/Udaipur City. After issuance of the Ticket, available Train from Udaipur city to Ballabhgarh is 12964 Mewar Express which was passed through Faridabad Station at 06:36 hrs on 12.08.2023 and the incident occurred on 12.08.2023 at Faridabad station by Train no. 12722 Dakshin Express (Nizzamuddin to Hyderabad) at around 23:20 PM. The General Railway Ticket which was found from the Deceased does not match with the above incident. That the Deceased was not a Bonafide passenger of the Train and the incident does not come under the purview of Untoward incident. Therefore the Railway has no liability towards the claimant.”(Reproduced in Verbatim)
4. In the statutory report of DRM Ex.R-1, it is concluded as under:-
5. The Tribunal on 23rd September 2024 formulated the following issues for adjudication:-
“1) Whether the deceased was a bona fide passenger of the train in question at the time of incident?
2) Whether there was any untoward incident as is defined under the provisions of Section 123(c) of Railways Act , 1989?
3) Whether the applicant(s) is/are dependent(s) of the deceased?
4) Whether the applicant(s) is/are entitled for any relief and interest as prayed for in the application?
5) Relief if any?”
6. I have heard Smt. Ashima Sood, counsel for the applicant and Sh. Mohit Sharma, counsel for the respondent, who has joined the proceedings virtually.
FINDINGS: -
Issue Nos. 1 and 2: -
7. Issue Nos. 1 & 2 shall be taken up together as on the facts and the arguments raised, they are interconnected. Sh. Laxminarayan Mishra, father of the deceased appeared before the Tribunal and tendered his affidavit towards examination-in-chief. He was duly cross-examined by Sh. Mohit Sharma, counsel for the respondent. Sh. Laxminarayan Mishra, in cross examination, as AW
