Case Note & Summary
The appellants, parents of the deceased Arun, filed a claim before the Railway Claims Tribunal, Nagpur, alleging that their son died in an untoward incident on 11.02.2014 while travelling from Jabalpur to Hinganghat by train with a valid ticket. Due to heavy rush and sudden jerk, he fell from the running train near Patiltola Shet Shivar Up Railway Line Pole No. 1042/21 to 1042/19 near Tiroda and died on the spot. The Railway contested the claim, denying that any accident under Section 123(c) read with Section 124A of the Railways Act had occurred and asserting that the deceased was not a bona fide passenger. The Tribunal rejected the claim solely on the ground that the deceased was not holding a valid ticket and thus was not a bona fide passenger. In appeal, the High Court observed that the postmortem report (Exhibit A4) and inquest panchnama clearly indicated that the death was due to a fall from a train. The Court noted that the Railway had not produced any evidence to show that the deceased was not a bona fide passenger. Relying on the principle that the burden of proof lies on the Railway to establish that the deceased was not a bona fide passenger, the Court held that the Tribunal erred in shifting the burden onto the claimants. The Court allowed the appeal, set aside the Tribunal's order, and awarded compensation of Rs. 8,00,000 with interest at 6% per annum from the date of the claim application till realization.
Headnote
A) Railways Act - Untoward Incident - Bona Fide Passenger - Burden of Proof - Section 124A read with Section 123(c) of the Railways Act, 1989 - The appeal challenged the rejection of a claim by the Railway Claims Tribunal on the ground that the deceased was not a bona fide passenger as he did not possess a valid ticket. The High Court held that the burden to prove that the deceased was not a bona fide passenger lies on the Railway, and in the absence of any evidence to the contrary, the deceased must be presumed to be a bona fide passenger. The postmortem report and inquest panchnama indicated death due to fall from a train, and the Railway failed to discharge its burden. The appeal was allowed and compensation of Rs. 8,00,000 was awarded. (Paras 3-8)
Issue of Consideration
Whether the deceased was a bona fide passenger at the time of the accident, and whether the Railway Claims Tribunal erred in rejecting the claim on the ground that the deceased was not holding a valid ticket.
Final Decision
The appeal is allowed. The judgment of the Railway Claims Tribunal, Nagpur dated 30.10.2017 is set aside. The claim application is allowed. The respondent is directed to pay compensation of Rs. 8,00,000 with interest at 6% per annum from the date of the claim application till realization.
Law Points
- Burden of proof on Railway to show deceased was not a bona fide passenger
- Presumption in favor of claimant in untoward incident claims
- Section 124A Railways Act
- 1989
- Section 123(c) Railways Act
