Court Finds Tribunal's Decision on Absence of Journey Ticket Insufficient for Dismissing Compensation Case
In a significant judgment, the Rajasthan High Court, Jaipur Bench, has set aside a decision by the Railway Claims Tribunal (RCT) which had dismissed a compensation claim filed by Smt. Gulab Devi. The claim was filed following the death of her son, who allegedly fell from a moving train due to a sudden jerk. The court has remanded the case back to the Tribunal for reconsideration, emphasizing the need for a thorough examination of evidence and circumstances.
The appeal was heard by Justice Anoop Kumar Dhand, who criticized the Tribunal for rejecting the claim solely based on the absence of a valid journey ticket with the deceased. The Tribunal had previously concluded that the absence of a ticket indicated the deceased was not a bona fide passenger, dismissing the claim for compensation under the Railways Act, 1989.
During the proceedings, the appellant's counsel argued that the deceased had purchased a valid ticket for his journey from Jaipur to Bhankri. The counsel highlighted that the deceased fell from the train near the Banganga Bridge due to a sudden jerk, resulting in fatal injuries. The claim petition sought compensation of Rs. 6,00,000 under the Railway Claims Tribunal Act, 1987, but was rejected by the RCT on technical grounds.
The High Court referenced the Supreme Court's judgment in the case of Union of India v. Rina Devi (2019), which stated that the absence of a ticket does not automatically disqualify a deceased person from being considered a bona fide passenger. The judgment emphasized that the initial burden of proof lies with the claimant, which can be met through relevant evidence, and the presumption of bona fide status can only be overturned by contrary evidence from the Railways.
Justice Dhand pointed out that the RCT failed to adequately consider the evidence and circumstances surrounding the incident. He noted that the Tribunal's conclusion of a "run over" case, based on the condition of the deceased's body, was not substantiated by sufficient evidence. The court highlighted the importance of considering all available evidence to determine the circumstances of the incident accurately.
The High Court's decision mandates the RCT to reassess the claim based on the evidence presented by both parties. The court directed that the matter be expedited, considering the incident occurred in 2013, and urged the Tribunal to resolve the case promptly.
The next hearing at the Railway Claims Tribunal is scheduled for February 16, 2026, where the parties are expected to present further evidence to support their respective claims.
Bottom Line:
Railway Claims - Mere absence of ticket with injured or deceased does not negate the claim that he was a bona fide passenger - Claim can be decided based on facts shown or attending circumstances.
Statutory provision(s): Railways Claims Tribunal Act, 1987 Section 16, Railways Act, 1989 Section 125
Smt. Gulab Devi v. Union of India, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2851948
