HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 1827/2008

1. Sh. Lada Ram S/o Late Sh. Medha Ji age, 65 years

2. Smt. Amiya W/o Late Sh. Bhura Ram aged, 29 years

3. Master Ritesh @ Ritu S/o Late Sh. Bhura Ram age, 10 years

4. Baby Sakshi D/o Late Sh. Bhura Ram age 8 years

Appellant Nos 3 & 4 are minor through their mother Smt.

Amiya

All R/o Basantgarh, District Sirohi (Raj)

----Appellants-Applicants

Versus

1. Union of India through General Manger Western Railway,

Church Gate, Mumbai

2. Union of India through General Manager North Western

Railway, Jaipur.

----Respondents

3. Smt. Anu W/o Lada Ram age, 60 years R/o Basantgarh, Distt,

Sirohi, Raj.

Respondent-Proforma

For Appellant(s)

:

Mr. DeepaK Goyal, Adv.

For Respondent(s)

:

None present

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment

04/05/2022

Instant appeal has been preferred by the appellants-

applicants against the judgment dated 17.12.2007 passed by

Railway Claims Tribunal, Jaipur, Bench-Jaipur (hereinafter referred

to as ‘Tribunal’), whereby the claim petition filed by the

appellants-applicants has been dismissed.

Learned counsel for the appellants-applicants submitted that

the Tribunal has committed an error in holding that the deceased-

Bhura Ram was not a bona-fide passenger and the Tribunal has

further committed an error in holding that the deceased-Bhura

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[CMA-1827/2008]

Ram was negligent while boarding in running train, therefore, the

deceased-Bhura Ram had indulged in rash and negligent act due

to which the appellants-applicants have been deprived to get the

compensation.

Learned counsel for the appellants-applicants further

submitted that there was a stoppage of hardly two minutes at the

Railway Station and when the said deceased tried to board in the

last compartment of the train, the train started and accidentally,

he fell down and sustained injuries and expired.

Counsel further submitted that by way of filing an affidavit,

the appellants-applicants proved the fact that the said deceased

was having a valid ticket but when he fell down due to slip of his

leg from the compartment of train while boarding, the ticket was

lost. He also submitted that the burden was upon the Railway

Administration to prove the fact that the said deceased was not a

bona-fide passenger.

In support of his contentions, the counsel for the appellants-

applicants has placed reliance upon a judgment of Hon’ble

Supreme Court delivered in the case of Union of India Vs. Rina

Devi : (2019) 3 SCC 572 wherein the Hon’ble Supreme Court

has held that mere absence of ticket with any injured or deceased

would not negativate the claim that he was a bona-fide passenger.

It has been held by the Hon’ble Supreme Court that the initial

burden would be on the claimant which can be discharged by filing

an affidavit of the relevant facts and the burden would then shift

on the Railway and the issue can be decided on the facts showing

or attending circumstances.

Lastly, he argued that from the affidavit and the evidence

produced on record, it was proved that the deceased was a bona-

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[CMA-1827/2008]

fide passenger and he was not negligent in boarding on the

compartment of the train, hence, the Tribunal has committed an

error in rejecting the claim petition.

The counsel for the respondents appeared before the Court

and stated that earlier he was the counsel for the Railway

Department but now he has not having any instructions from the

Department.

Since the appeal has been pending for adjudication from

2008 and the respondents have not made any alternative

arrangement to assist this Court, hence under these

circumstances, the Court has left with no other options except to

decide this appeal which is lying pending before this Court since

more than 14 years.

Heard counsel for the appellants-applicants and perused the

document