UNION OF INDIA Vs. BIMLA

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellantRailways against the judgment dtd. 1/11/2021 passed by Railway Claims Tribunal, Jaipur Bench (for short, 'the Tribunal') in OA-II130/2016, whereby the claim application filed by the respondentsclaimants (for short, 'the claimants') has been allowed and a sum of Rs.8,00,000.00 alongwith interest @ 9% p.a. from the date of judgment till actual payment has been awarded in their favour. Facts of the case are that the claimants filed a claim petition against the Railways, wherein it was averred that on 22/4/2016 Shri Manoharlal was to perform his journey ex. Sadulpur to Churu by Train No. 04781 i.e. Hissar - Salasar Mela Special. For that purpose, his son Mohanlal came to see him off at Sadulpur railway station and ticket was also purchased by him for his father Shri Manoharlal. There was heavy rush of passengers in the train on that day. During journey, when the said train was about to reach Churu Railway Station, Shri Manoharlal came near the door of the coach with an intention to get down at his destination. In the meantime, Shri Manoharlal due to a sudden jerk of the train and resultant push from the fellow coach passengers, accidentally fell down from the running train at Churu railway station and suffered multiple grievous injuries, which ultimately proved fatal and he died during treatment at D.B. Hospital, Churu. It was further stated by the claimants that Shri Manoharlal was a bonafide passenger and the alleged railway journey ticket, which Shri Manoharlal was in possession at the material time was lost during the course of incident. The Tribunal vide its judgment dtd. 1/11/2021 allowed the claim application filed by the claimants and awarded a sum of Rs.8,00,000.00 alongwith interest @ 9% p.a. from the date of judgment till actual payment. Hence, this civil misc. appeal has been filed.

(2.) Learned counsel for the appellant-Railways submits that the deceased Shri Manoharlal was not a bonafide passenger of the train at the relevant time in view of Sec. 2(29) readwith Sec. 124A of the Railways Act, 1989 as no ticket was recovered from his possession. The burden lies on the claimants to prove that the deceased was a bonafide passenger and not on the Railways.

(3.) Heard. Considered.