Satyenarayan Gupta vs Union Of India on 21 July, 2026

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    Gujarat High Court

    Satyenarayan Gupta vs Union Of India on 21 July, 2026

                                                                                                                         NEUTRAL CITATION
    
    
    
    
                                 C/FA/914/2014                                         JUDGMENT DATED: 21/07/2026
    
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                                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                                     R/FIRST APPEAL NO. 914 of 2014
    
                           ==========================================================
                                                      SATYENARAYAN GUPTA & ANR.
                                                                Versus
                                                            UNION OF INDIA
                           ==========================================================
                           Appearance:
                           MR RATHIN P RAVAL(5013) for the Appellants
                           MR ANAL S SHAH(3988) for the Respondent
                           ==========================================================
    
                             CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
    
                                                               Date : 21/07/2026
    
                                                                 JUDGMENT
    

    1. Present First Appeal filed u/s 23 of the Railway Claim
    Tribunal’s Act (in short “the Act”) is directed against the
    judgment and order dated 8.12.2011 passed by the learned
    Railway Claim Tribunal in OA No.0600003, whereby the
    learned Tribunal has dismissed the claim petition filed by the
    appellant claimant.

    2. For the sake of convenience and brevity, parties are
    referred to as per their original status before the learned trial
    Court.

    SPONSORED

    3. Brief facts of the case are as under:-

    3.1 The deceased was traveling in train No.9058 Up
    Vadodara-Valsad Intercity from Vadodara to Valsad on
    8.8.2005 and he accidentally fell down between Nabipur and

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    Veradiya station at Km No.341/11 near Up line and
    succumbed to the injuries.

    3.2 The claimants’ case, as set out in the claim petition and
    the accompanying affidavit, is that the deceased was
    travelling as a ticketed passenger, holding ticket No.B
    35003795 and the same is seized by the police for
    investigation and copy of the same is placed at Exh.A-6.

    Therefore, compensation u/s 16 of the Act was sought.

    3.3 Having served, the Respondent Railway administration
    has contested the claim of the applicant by filing the written
    statement, wherein apart from denying the allegations made
    in the claim application, it is contended inter-alia that the
    above alleged incident is not an untoward incident and as
    such the said incident does not fall within the provisions of
    Sec. 123 (c) (2) of the Railways Act.

    3.4 The learned Tribunal, having framed the issue, came to
    the conclusion that there was a variance between the
    pleadings and the evidence/statements on record and thus,
    dismissed the claim petition.

    3.5 Hence, present First Appeal.

    4. Heard learned advocates for the respective parties.

    5. Learned advocate for the claimants relying upon the
    decision of the Hon’ble Apex Court in case of Lata Vs. Union
    of India and another
    , 2026 INSC 715, would submit that

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    pleading is sufficient to establish that the deceased was bona
    fide passenger, if not controverted by any cogent and
    convincing evidence. He would further submit that the railway
    ticket recorded during the police investigation and placed on
    record as Exhibit A-6 supports the claimants’ case that the
    deceased was travelling with a valid ticket. He would further
    submit that the post-mortem report on record indicates that
    the deceased fell from a running train, a conclusion also
    supported by the DRM report and the police investigation. He
    would further submit that the Tribunal’s conclusion that the
    deceased must have been travelling on some other train,
    drawn merely from the fact that the body was recovered two
    days after the stated date of the accident, was arrived at
    without any concrete evidence and without the claimants
    being called upon to explain the intervening period. He would
    further submit that the claimants did not, at any stage, put
    forward a case of suicide or self-inflicted injury, and that the
    DRM report itself suggests that the deceased fell under the
    train.

    5.1 Upon above submissions, learned advocate Mr. Raval
    prays to allow the First Appeal.

    6. Per contra, learned advocate Mr. Anal Shah for the
    respondent – Union of India, while supporting the impugned
    judgment and order, would submit that there is clear
    inconsistency in the pleadings and proof, variance thereof
    clearly indicates that there is some suspicious facts, which
    prove that the deceased did not fell from train No.9058 Up
    Vadodara-Valsad Intercity, but from some other train,

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    wherein, he was travelling without any ticket and therefore,
    he cannot be treated as “bona fide passenger” and thus, the
    learned Tribunal has rightly dismissed the claim petition.

    6.1 Upon above submissions, learned advocate Mr. Shah
    prays to dismiss the First Appeal.

    7. At the outset, I may reproduce the findings of the
    learned Tribunal, which governs dismissal of the claim
    petition, which reads as under:-

    “It is contended in the claim application as well as in
    the affidavit of the applicant that the deceased had
    purchased ticket from Vadodara railway station and
    was travelling from Vadodara to Valsad on 8-8-05 by
    9058Up and fell down from the running train at
    Km.No.341/9-11 between Nabipur and Veradiya
    railway station and died on the spot. All the
    documents placed on record i.e. Station Master’s
    Memo. Panchnama of place incident, Inquest
    Panchnama, Panchnama of body identification, P.M.
    report, DRM report etc. shows the date of incident is
    10-8-2005. The applicants have failed to explain
    happenings between 8-8-05 and 10-8-05. In the
    normal course, the memo will be issued immediately
    after the incident. In the instant case, the Memo is
    issued on 10-8- 2005 at 10.35hrs. It is also mentioned
    in the Memo dated 10-8-2005 that one Bhupat
    Dayshing, Keyman informed from Gate No.189/C that
    one unknown traveler is lying between Km.341/9-11.
    The applicants have claimed that the incident took
    place on 8-8-05. On the other hand, the evidence of
    the respondent shows no incident happened on 8-8-

    05. Even if we assume that the incident took place on
    8-8-05 and died on the spot, whereafter his body was
    recovered after two days i.e. on 10-8-05. Keeping in
    view the hot and humid climate during the period in
    question, the condition of the body might have

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    deteriorated or decomposed to a large extent and it is
    also possible that some parts of the body might have
    been eaten by the wild animals. But nothing has been
    shown in the inquest or the P.M. report regarding
    deterioration or its being decomposed. Date and time
    of death is shown in the P.M. report i.e. 10-8-05 at
    4.00pm.whereas date and time shown in inquest is
    11.45 to 12.45 of 10-8-2005. Therefore, the
    genuineness of applicants story about his travelling
    on 8-8-05 and after falling down from the train had
    died on the spot on 8-8-05 is suspect e and same is
    not clearly established.

    Moreover, the ticket No.B 35003795 dated 8-8-05
    from Vadodara to Valsad claimed to have been
    recovered from the deceased (certified copy of which
    has not been placed on record) is an ordinary second
    class ticket whereas the applicants have claimed that
    the deceased was travelling in 9058Up Vadodara-
    Valsad Intercity Express which was not valid for this
    train. Train.

    Xxxxxx

    After hearing arguments on this issue, I find
    momentum of force in the submissions of Ld. Counsel
    for the respondent. The applicant miserably failed to
    prove that the incident took place on 8-8-2005 and the
    deceased was travelling as bonafide passenger and
    fell down therefrom and as a result sustained injuries
    and died in an untoward incident in terms of Section
    123(c)
    of the Railways Act, 1989.

    It transpires from the above discussion that the
    applicant has not come out with clean hands before
    the Tribunal. There is total variance with the
    pleadings as well as evidence produced on record.
    Taking into consideration the facts and circumstances
    of case based on the above mentioned issues, I come
    to the conclusion that the applicant has failed to
    establish that the incident took place on 8-8-05 and
    the deceased was bona fide passenger in train
    No.9058Up on 8-8-2005 or the incident was covered
    under Section 123 C (2) of the Railways Act as

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    untoward incident. Hence, it does not stand proved
    that the deceased was bona fide passenger and fell
    down from the train in untoward incident, therefore, I
    answer both these issues in negation.”

    8. Before I discuss merits of the case, let refer recent
    judgment of the Hon’ble Apex Court in case of Lata (supra),
    whereby, in para 3 to 8, the Hon’ble Apex Court has examined
    the scope of Railway Act, which read as under:-

    “3. The RCT denied the claim since it was not
    established that the deceased was a bona fide
    passenger. As per the Tribunal, though the
    accident qualified as an “untoward incident” within
    the meaning of Section 123(c)(2) of the Railway
    Act 1989 [3] but since the bona fides could not be
    established, compensation was denied. The High
    Court in terms of judgment dated 3rd January 2024
    agreed with the findings of the Tribunal, observing
    that in the absence of any recovery of the
    belongings of the deceased, the claim had to be
    rejected. There was an inconsistency between her
    statement and the facts pleaded in the claim
    petition about the date of travel of the deceased.
    She, in her cross examination said that the
    deceased had boarded the train on 26th November,
    and information of his death was received on 27th
    November, however, in the claim petition, the date
    of journey mentioned is 28th November.
    Hence, the present appeal. Heard.

    4. The 1989 Act contains 16 Chapters each dealing
    with a specific aspect. For instance, Chapter II
    deals with Railway Administrations, IIA deals with
    Rail Land Development Authority, Chapter IV deals
    with construction and Maintenance of Works,
    Chapter VII deals with the Tribunal and Chapter
    VIII concerns the Carriage of Passengers. Chapter
    XII and XIII titled as “Accidents” and “Liability of
    Railway Administration for Death and Injury to
    Passengers due to accidents” respectively, are

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    important for us in the present case.

    5. For us in the present case, examination of
    Section 123, 124A, inter alia, is relevant, as such
    we extract the same:-

    “2. Definitions.– In this Act, unless the
    context otherwise requires,–…

    (29) “passenger” means a person
    travelling with a valid pass or ticket;

    123 Definitions- In this Chapter, unless the
    context otherwise requires,

    (a) “accident” means an accident of the nature
    described in section 124;

    (b) “dependant” means any of the following
    relatives of a deceased passenger, namely:–

    (i) the wife, husband, son and daughter, and in
    case the deceased passenger is unmarried or is
    a minor, his parent;

    ………

    (2) the accidental falling of any passenger from
    a train carrying passengers.] …

    124. Extent of liability.– When in the course
    of working a railway, an accident occurs, being
    either a collision between trains of which one
    is a train carrying passengers or the
    derailment of or other accident to a train or
    any part of a train carrying passengers, then
    whether or not there has been any wrongful
    act, neglect or default on the part of the
    railway administration such as would entitle a
    passenger who has been injured or has
    suffered a loss to maintain an action and
    recover damages in respect thereof, the
    railway administration shall, notwithstanding
    anything contained in any other law, be liable

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    to pay compensation to such extent as may be
    prescribed and to that extent only for loss
    occasioned by the death of a passenger dying
    as a result of such accident, and for personal
    injury and loss, destruction, damage or
    deterioration of goods owned by the passenger
    and accompanying him in his compartment or
    on the train, sustained as a result of such
    accident.

    Explanation.–For the purposes of this section
    “passenger” includes a railway servant on
    duty.

    124A. Compensation on account of
    untoward incidents.– When in the course of
    working a railway an untoward incident
    occurs, then whether or not there has been any
    wrongful act, neglect or default on the part of
    the railway administration such as would
    entitle a passenger who has been injured or
    the dependant of a passenger who has been
    killed to maintain an action and recover
    damages in respect thereof, the railway
    administration shall, notwithstanding anything
    contained in any other law, be liable to pay
    compensation to such extent as may be
    prescribed and to that extent only for loss
    occasioned by the death of, or injury to, a
    passenger as a result of such untoward
    incident:

    Provided that no compensation shall
    be payable under this section by the
    railway administration if the
    passenger dies or suffers injury due
    to– (a) suicide or attempted suicide
    by him;

    (b) self-inflicted injury;

    (c) his own criminal act;

    (d) any act committed by him in a

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    state of intoxication or insanity;

    (e) any natural cause or disease or
    medical or surgical treatment unless
    such treatment becomes necessary
    due to injury caused by the said
    untoward incident.

    Explanation.–For the purpose of this
    section, “passenger” includes–

    (i) a railway servant on duty; and

    (ii) a person who has purchased a
    valid ticket for travelling, by a train
    carrying passengers, on any date or a
    valid platform ticket and becomes a
    victim of an untoward incident.

    127. Determination of compensation in
    respect of any injury or loss of goods.– (1)
    Subject to such rules as may be made, the
    rates of compensation payable in respect of
    any injury shall be determined by the Claims
    Tribunal.

    (2) The compensation payable in respect of any
    loss of goods shall be such as the Claims
    Tribunal may, having regard to the
    circumstances of the case, determine to be
    reasonable.”

    (emphasis supplied)

    6. Section 123(a) defines “accident” with reference
    to Section 124 which deals particularly with
    collision of trains or derailment. Section 123(c)
    defines “untoward incident”, which includes the
    accidental falling of any passenger from a train
    carrying passengers. In 1994 however, the
    Legislature felt apparently that the provision as it
    stood was insufficient and so, by inserting Section

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    124A the scope of protection under this Section of
    the1989 Act was widened. Under this Section,
    liability arises irrespective of a wrongful act,
    neglect or default on part of the railway
    administration in other words it is “no-fault”

    liability. [See: Union of India v. Prabhakaran
    Vijaya Kumar
    , (2008) 9 SCC 527 . Although the
    scope of this Section covers both death and injury
    some exceptions have been listed out in the proviso
    such as “suicide” and “attempted suicide”, the
    injured/deceased’s own criminal act or a particular
    act done under intoxication or insanity. By way of
    the explanation, it has been clarified that a
    “passenger” which has been otherwise defined in
    Section 2(29) for the purposes of this Section,
    includes a Railway servant on duty or a person who
    has purchased a valid ticket or a valid platform
    ticket and becomes a victim of an “untoward
    incident”. The intent of these two Sections is clear;
    they are meant to provide compensation
    expeditiously to the victims of unfortunate
    untoward incidents without imposing the burden of
    requiring to prove negligence.

    7. Given that Section 124A of 1989 Act provides for
    “no-fault liability”, it is clear that the said provision
    has a beneficial intent. The Railways although a
    facet of colonial inheritance, today have been
    expanded, developed and modernised, serving as
    the backbone of the nation in terms of movement of
    material, passengers and also essential goods.
    Being an arm of the Government of India, one of
    the overarching principles which govern its actions
    is that of the welfare State provided for in Article
    38
    of the Constitution of India. To properly
    examine whether the present case falls within the
    scope of the beneficial provision, attention first
    must be paid to how such a provision is
    interpreted:

    7.1 In a case arising out of the Electricity Act 2003
    being Southern Electricity Supply Co. of Orissa
    Ltd. v. Sri Seetaram Rice Mill, (2012) 2 SCC

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    108 a Bench of three judges discussed purposive
    construction and construction of beneficial statutes
    in a following manner:

    46. “Purposive construction” is certainly a
    cardinal principle of interpretation. Equally
    true is that no rule of interpretation should
    either be overstated or overextended. Without
    being overextended or overstated, this rule of
    interpretation can be applied to the present
    case. It points to the conclusion that an
    interpretation which would attain the object
    and purpose of the Act has to be given
    precedence over any other interpretation
    which may not further the cause of the statute.

    The development of law is particularly
    liberated both from literal and blinkered
    interpretation, though to a limited extent. …

    57. Treating the statute to be a beneficial piece
    of legislation, this Court applied purposive
    interpretation, while observing as under:

    (Prabhakaran case [(2008) 9 SCC 527 :

    (2008) 3 SCC (Cri) 813] , SCC p. 533, para

    11)

    “11. No doubt, it is possible that two
    interpretations can be given to the
    expression ‘accidental falling of a
    passenger from a train carrying
    passengers’, the first being that it
    only applies when a person has
    actually got inside the train and
    thereafter falls down from the train,
    while the second being that it
    includes a situation where a person is
    trying to board the train and falls
    down while trying to do so. Since the
    provision for compensation in the
    Railways Act is a beneficial piece of
    legislation, in our opinion, it should
    receive a liberal and wider
    interpretation and not a narrow and
    technical one. Hence, in our opinion

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    the latter of the abovementioned two
    interpretations i.e. the one which
    advances the object of the statute
    and serves its purpose should be
    preferred vide Kunal Singh v.

    Union of India [(2003) 4 SCC
    524 : 2003 SCC (L&S) 482] (SCC
    para 9), B.D. Shetty v. Ceat Ltd
    .

    [(2002) 1 SCC 193 : 2002 SCC (L&S)
    131] (SCC para 12) and Transport
    Corpn. of India v. ESI Corpn. [(2000)
    1 SCC 332 : 2000 SCC (L&S) 121] ”

    7.2 In X2 v. State (NCT of Delhi), (2023) 9 SCC
    433 in the context of the permissibility of
    termination of pregnancy beyond the statutorily
    provided time period, three judges of this Court
    observed as follows about the interpretative
    exercise favouring beneficiaries:

    “37. A catena of decisions emanating from this
    Court, including Kerala Fishermen’s Welfare
    Fund Board v. Fancy Food [Kerala
    Fishermen’s
    Welfare Fund Board v. Fancy Food, (1995) 4
    SCC 341] , Bharat Singh v. New Delhi
    Tuberculosis Centre [Bharat Singh v. New
    Delhi Tuberculosis Centre, (1986) 2 SCC 614 :
    1986 SCC (L&S) 335] , Bombay Anand Bhavan
    Restaurant v. ESI Corpn. [Bombay Anand
    Bhavan Restaurant v. ESI Corpn., (2009) 9
    SCC 61 : (2009) 2 SCC (L&S) 573] , Union of
    India v. Prabhakaran Vijaya Kumar [Union of
    India v. Prabhakaran Vijaya Kumar, (2008) 9
    SCC 527 : (2008) 3 SCC (Cri) 813] , settle the
    proposition that progressive and beneficial
    legislation must be interpreted in favour of the
    beneficiaries when it is possible to take two
    views of a legal provision.”

    7.3 O. Chinnappa Reddy J. in Workmen v.
    American Express International Banking
    Corpn.
    , (1985) 4 SCC 71 observed:

    “4. The principles of statutory construction are

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    well settled. Words occurring in statutes of
    liberal import such as social welfare legislation
    and human rights’ legislation are not to be put
    in Procrustean beds or shrunk to Liliputian
    dimensions. In construing these legislations
    the imposture of literal construction must be
    avoided and the prodigality of its
    misapplication must be recognised and
    reduced. Judges ought to be more concerned
    with the “colour”, the “content” and the
    “context” of such statutes (we have borrowed
    the words from Lord Wilberforce’s opinion in
    Prenn v. Simmonds [(1971) 3 All ER 237] ). In
    the same opinion Lord Wilberforce pointed out
    that law is not to be left behind in some island
    of literal interpretation but is to enquire
    beyond the language, unisolated from the
    matrix of facts in which they are set; the law is
    not to be interpreted purely on internal
    linguistic considerations. In one of the cases
    cited before us, that is, Surendra Kumar Verma
    v. Central Government Industrial Tribunal-

    cum-Labour Court [(1980) 4 SCC 443 : 1981
    SCC (L&S) 16 : (1981) 1 SCR 789] , we had
    occasion to say,

    “Semantic luxuries are misplaced in the
    interpretation of ‘bread and butter’ statutes.
    Welfare statutes must, of necessity, receive a
    broad interpretation. Where legislation is
    designed to give relief against certain kinds of
    mischief, the Court is not to make inroads by
    making etymological excursions.”

    Also see, K.H. Nazar v. Mathew K. Jacob,
    (2020) 14 SCC 126.

    8. What can be understood from the above
    judgments is that the beneficial legislations are
    to receive purposive and liberal construction in
    furtherance of the intentions of the
    Legislature, as can be discerned, instead of a
    literal or restrictive approach being adopted.

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    The overall idea is to make the intention so
    understood, functional. ”

    9. In para 9, the Hon’ble Apex Court held in regards to
    observation that what family member of the passenger has to
    do to get compensation. Para 9 reads as under:-

    “9. On the aspect of burden of proof, it has been
    held that the presence of a valid ticket is quite not
    possibly the only way the bona fide nature of the
    passenger can be established. In Kamukayi v.
    Union of India
    , (2023) 19 SCC 116 the conclusion
    in Union of India v. Rina Devi, (2019) 3 SCC 572
    was referred to in following terms:
    “10.
    This Court in Rina Devi [Union of India v.
    Rina Devi
    , (2019) 3 SCC 572 : (2019) 2 SCC
    (Civ) 198] has explained the burden of proof
    when body of a passenger is found on railway
    premises. While analysing the said issue, this
    Court has considered the judgment of the
    Madhya Pradesh High Court in Raj Kumari v.

    Union of India [Raj Kumari v. Union of India,
    1992 SCC OnLine MP 96] and the judgments of
    the Delhi High Court in Gurcharan Singh v.
    Union of India [Gurcharan Singh
    v. Union of
    India, 2014 SCC OnLine Del 101] , the Andhra
    Pradesh High Court in Jetty Naga Lakshmi
    Parvathi v. Union of India [Jetty Naga Lakshmi
    Parvathi v. Union of India, 2011 SCC OnLine
    AP 828] and also considered the judgment of
    this Court in Kamrunnissa v. Union of India
    [Kamrunnissa v. Union of India, (2019) 12 SCC
    391 : (2018) 5 SCC (Civ) 613] and in para 29
    concluded as thus : (Rina Devi case [Union of
    India v. Rina Devi
    , (2019) 3 SCC 572 : (2019) 2
    SCC (Civ) 198] , SCC p. 588)

    “29. We thus hold that mere
    presence of a body on the railway
    premises will not be conclusive to
    hold that injured or deceased was a
    bona fide passenger for which claim

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    for compensation could be
    maintained. However, mere absence
    of ticket with such injured or
    deceased will not negative the claim
    that he was a bona fide passenger.

    Initial burden will be on the claimant
    which can be discharged by filing an
    affidavit of the relevant facts and
    burden will then shift on the
    Railways and the issue can be
    decided on the facts shown or the
    attending circumstances. This will
    have to be dealt with from case to
    case on the basis of facts found. The
    legal position in this regard will
    stand explained accordingly.””

    (emphasis supplied)

    The conclusion of the above discussion is that
    technical approaches and lapses in procedure
    should not defeat the welfare aim of the statute
    as it does not befit the Railways, as an
    instrumentality of the State, to take such
    restrictive, pigeonhole view. The governing
    standard is the preponderance of probabilities
    and not beyond reasonable doubt, as in
    criminal trials. The foundational facts that
    need to be established are – (i) travelling on
    the basis of a valid ticket; and (ii) an accident
    leading to death. Courts and Tribunals should
    always take a view that retains the objective of
    the Section as being accessible compensation
    with an underlying humanitarian perspective.
    [See: Rajni v. Union of India, 2025 SCC OnLine
    SC 2182] “

    10. In the present case, the claimants came out with specific
    case that the deceased was traveling in train No.9058 Up
    Vadodara-Valsad Intercity from Vadodara to Valsad on
    8.8.2005 and holding ticket No.B 35003795 and the same is

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    seized by the police for investigation and copy of the same is
    placed at Exh.A-6. The learned Tribunal on presumption came
    to the conclusion that since body of the deceased was found on
    10.8.2005, he must been travelling in some other train. The
    learned Tribunal further found that the claimants failed to
    explain happening between 8.8.2005 and 10.8.2005, as no one
    has reported the incident to railway administration and
    therefore, it is believed that the accident did not take place on
    8.8.2005, but on 10.8.2005. It is believed by learned Tribunal
    that ticket No.B 35003795 dated 8-8-05 from Vadodara to
    Valsad claimed to have been recovered from the deceased
    (certified copy of which has not been placed on record) is an
    ordinary second class ticket whereas the claimants have
    claimed that the deceased was travelling in 9058Up
    Vadodara-Valsad Intercity Express which was not valid for this
    train. From the record, it appears that the dead body of the
    deceased was recovered between Nabipur and Veradiya
    station at Km No.341/11 near up railway line track. The
    railway did not come out with the case that it is a case of
    suicide or self-inflicted injury, and that the DRM report itself
    suggests that the deceased fell under the train.

    11. Two witnesses examined by the respondent – railway say
    that the incident was not reported on 8.8.2005. In this
    juxtaposition and looking to the facts of the case, it is proved
    that the deceased has lost his life when travelling in railway.
    Even the dead body of the deceased was found two days after
    the incident lying near the railway track between Nabipur and
    Veradiya station at Km No.341/11.

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    12. In Doli Rani Saha Vs. Union of India, (2024) 9 SCC
    656, in a case where dead body of the deceased was found
    three days after the incident, the Hon’ble Apex Court held that
    mere absence of ticket with injured / deceased is insufficient to
    reject plea of bona fide passenger. The burden is upon the
    railway to disprove that the deceased / injured was not bona
    fide passenger.

    13. In view of above, the claimants have successfully
    established that the deceased was bona fide passenger and
    lost his life while travelling in train and therefore, present
    First Appeal requires consideration.

    14. For the foregoing reasons, present First Appeal is
    allowed. Impugned judgment and order dated 8.12.2011
    passed by the learned Railway Claim Tribunal in OA
    No.0600003 is hereby quashed and set aside. The claim
    petition is allowed.

    15. The claimants are entitled to receive claim of Rs.4 lakh
    with 9% interest from the date of filing of the petition till
    realization or flat Rs.8 lakhs, whichever is higher.

    16. Registry is directed to return back the R & P, if any, to
    the concerned Court forthwith.

    (J. C. DOSHI,J)
    SHEKHAR P. BARVE

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