RECOVERY OF VERIFIED TICKET AND CONTEMPORANEOUS RECORDS ESTABLISH BONA FIDE PASSENGER STATUS AND UNTOWARD INCIDENT

On 08.10.2018, Rajendra ("the deceased") was traveling from Ballabhgarh to Delhi. During the journey, he fell from the train near Okhla/Harkesh Nagar and died at the spot from head injuries

A ticket was recovered from his person and verified by the Chief Ticket Supervisor, Ballabhgarh

The Railway Claims Tribunal ("Tribunal") dismissed the claim on 08.03.2022, holding that the deceased was not a bona fide passenger and the event was not an "untoward incident" because the body was discovered later and no eyewitness saw the fall

The appellants filed this appeal seeking to set aside the Tribunal’s order

1. Whether the deceased was a bona fide passenger under the Railways Act

2. Whether the death of the deceased resulted from an "untoward incident" as defined under Section 123(c) of the Railways Act

The Court primarily applied Sections 123(c) and 124-A of the Railways Act, 1989, which define "untoward incidents" and provide for compensation for accidental falls from trains

It relied on the principle from Union of India v. Rina Devi, establishing that once a claimant probabilistically proves a railway journey (e.g., through recovery of a ticket), the burden shifts to the Railways to prove a statutory exception like suicide or trespassing

It further applied Sh. Surendra Prasad Verma v. Union of India, which holds that delayed recovery of a body near tracks, especially at night, does not negate a claim of accidental fall

The Court reasoned that the recovery of a valid ticket (No. M-55302458), independently verified by Railway authorities, created a legal presumption that the deceased was a bona fide passenger

It rejected the respondent's argument regarding track crossing, noting that the RPF inquiry and police records (DD No. 5A) consistently documented a fall from a train without evidence of trespassing

The Court observed that because the incident occurred at night, the "delayed discovery" of the body near KM Pole No. 1525/18 was a common occurrence and did not dilute the evidence of an accidental fall supported by the post-mortem and inquest reports

Since the Railways failed to provide evidence of self-inflicted injury or criminal acts, the statutory presumption of an "untoward incident" remained unrebutted

The High Court set aside the Tribunal's judgment dated 08.03.2022 and remanded the matter back to the Tribunal to assess and disburse compensation within two months

The parties were directed to appear before the Tribunal on 28.05.2026