Verified Ticket and Contemporaneous Records Establish Bona Fide Passenger Status Despite Non-Recovery from Deceased’s Body

The appellants challenged the Railway Claims Tribunal’s judgment dated 13.04.2022, which dismissed their claim for compensation following the death of one Vijay (the deceased)

On 29.02.2020, the deceased allegedly fell from an EMU passenger train near KM No. 1501/13 between Ballabgarh and Asaoti stations while traveling on a valid second-class ticket

The Tribunal dismissed the claim, asserting the deceased was not a bona fide passenger as no ticket was recovered from his person at the scene, and the event did not constitute an "untoward incident" due to a lack of eyewitnesses

railway inquiry reports (DRM/RPF) later confirmed that a ticket produced by the claimants was verified as valid by the Faridabad booking supervisor

1. Whether the death of the deceased resulted from an "untoward incident" as defined under Section 123(c) read with Section 124-A of the Railways Act, 1989

2. Whether the deceased was a bona fide passenger despite the non-recovery of the journey ticket from his person at the time of the incident

The court applied Section 123(c) of the Railways Act, 1989, which defines an "untoward incident" to include the accidental falling of a passenger from a train

It further applied Section 124-A, establishing strict liability for the Railways to pay compensation unless specific exceptions (e.g., suicide, self-inflicted injury) are proven

The court relied on the precedent in Union of India v. Rina Devi, which held that the mere non-recovery of a ticket is not grounds to reject a claim if the preponderance of probabilities suggests bona fide travel

the court cited Union of India v. Prabhakaran Vijaya Kumar & Ors., emphasizing a liberal and beneficial interpretation of compensation provisions

The Court found that the Tribunal’s dismissal was based on an erroneous insistence on "strict proof" regarding the ticket

It noted that the contemporaneous records, including the Station Master's memo and the DRM report, corroborated a railway accident

Applying Rina Devi, the Court reasoned that in cases of accidental falls resulting in grievous injury, the displacement or loss of a ticket is highly probable

The Court underscored that the ticket was later produced and—critically—verified by the Railway’s own booking supervisor as genuine.

Since the Respondent failed to provide evidence of fabrication or bring the case within the statutory exceptions of Section 124-A (such as suicide or intoxication), the Court held the incident was a compensable "untoward incident" involving a bona fide passenger

The appeal was allowed, and the matter was remanded to the Tribunal to assess and award compensation to the appellants in accordance with the law

The Court directed the parties to appear before the Tribunal on 21.05.2026 for the disbursement process