bona fide passenger Archives

Railway employee travelling on pass held bona fide passenger

Railway employee travelling on Privilege Pass held bona fide passenger; Bombay HC grants Rs 3 lakh compensation despite missing journey entries

“Merely because an employee holding a valid pass fails to mention details himself, it cannot be held that he was travelling without a valid pass.”

Case Briefs High Courts

Circumstantial evidence sufficient to prove ‘untoward incident’ under Railways Act: Bombay HC grants compensation to deceased’s parents

“The Railways Act is a beneficial legislation, and even in criminal matters, circumstantial evidence is taken into consideration for deciding whether the offence was committed or not.”

Case Briefs High Courts

‘No evidence to show that deceased was not bona fide passenger’; Jharkhand HC grants Rs. 8 lakh compensation to wife whose husband died after accidentally falling from running train

Even if the ticket was not recovered from his person while preparing the inquest report of the deceased, mere filing of the affidavit on behalf of the appellant was sufficient to raise the presumption that the deceased was bona fide passenger.

Case Briefs High Courts

[Train Accidents] | “Injury sustained while deboarding from the wrong train cannot be termed as self-inflicted injury”: Bombay HC

Setting aside the decision of the Railway Claims Tribunal and awarding compensation to legal representatives of the deceased the Court stated that a rash and negligent act cannot be equated with a criminal act resulting in self-inflicted injury and held that the injury sustained by the deceased was an ‘untoward incident’ as under Section 123(c)(2) of the 1989 Act.