Verified Recovery of Journey Ticket in Panchnama Discharges Initial Burden of Establishing Bona Fide Passenger Status

On 31.05.2016, Rajeev Kumar (the deceased) fell from Train No. 54464 near Kanth Railway Station while traveling from Nagina to Aghwanpur.

The deceased succumbed to his injuries on 01.06.2016.

The Railway Claims Tribunal dismissed the claim application (OA/II(U)/GZB/218/2016) on 14.01.2020; although the Tribunal admitted the "untoward incident" occurred, it ruled the deceased was not a bona fide passenger.

The Tribunal's finding was based on an unsigned statement allegedly made by the deceased during treatment mentioning a lost Monthly Season Ticket (MST), and a suspicion that the journey ticket recovered during panchnama proceedings on 01.06.2016 was "planted" due to its issuance time.

1. Whether the deceased was a bona fide passenger within the meaning of the Railways Act, 1989, despite the initial non-recovery of a ticket and conflicting statements.

Section 23 of the Railway Claims Tribunal Act, 1987, regarding appeals.

Definition of a "passenger" under the Railways Act, 1989.

Supreme Court precedent in Union of India v. Rina Devi (2019) 3 SCC 572, which established that the initial burden of proof lies on the claimant (discharged via affidavit), after which the burden shifts to the Railways to prove the passenger was not bona fide based on attending circumstances.

The Court found the Tribunal’s reliance on the deceased’s alleged statement regarding an MST to be flawed, as the statement lacked a signature or thumb impression, and there was no medical evidence proving the deceased was conscious or fit to make a statement following grievous injuries.

Regarding the journey ticket recovered during the panchnama, the Court noted that its issuance was verified by the railway authorities.

The Court rejected the Tribunal’s inference that the ticket was "planted" based on the scheduled departure time of the train (16:33 hrs) versus the ticket issuance time (17:52 hrs), noting that the Respondent failed to produce the Train Signal Register (TSR) to prove the actual movement or delays of the train on that day.

The Court held that the Railways failed to rebut the evidence of the verified ticket recovered from the deceased’s belongings.

The Court remanded the matter to the Tribunal to assess the compensation amount and directed the authorities to disburse the same within two months; the parties were directed to appear before the Tribunal on 17.07.2026.