Once Claimant Files Affidavit On Deceased Carrying Valid Ticket, Burden To Disprove Claim Shifts On Railways: Gujarat High Court

The Gujarat High Court has reiterated that mere absence of a railway ticket would not negate an individual's claim of being a bonafide passenger or entitlement to accident compensation. [2026 LiveLaw (Guj) 216]The court said that once claimant files an affidavit on deceased carrying a valid ticket, the burden of disproving the same would fall on the Railways. Justice JC Doshi referred to Supreme Court's decision in Rajni v/s. Union of India where the Apex Court, while eschewing the Centre's approach in teeth of object of Railway Act, observed that mere absence of ticket with the deceased does not negate the claim of being a bona fide passenger. "It is further held by Hon'ble Apex Court that proceedings under section 124(A) are governed by the principles of preponderance and probabilities. Hon'ble Apex Court caution not to take hyper technical approach that frustrate object of providing relief to victim. The absence of inability of the police to preserve physical evidence, cannot by itself defeat a legitimate claim when the totality of circumstances supports the claimant's version," the court said. The court further said that claimant had filed an affidavit indicating that the deceased was traveling on the train with a valid ticket. "It is settled law that once claimant on affidavit deposed about holding valid ticket, burden would be shifted upon the Railway Administration to disprove this aspect," the court added.In the present case the court held that the Railway Administration did not bother to lead any evidence to discharge this burden. The court observed that the Railway Tribunal committed a gross error in rejecting the claim. "Although the learned Tribunal, having referred to certain police statements and the Divisional Railway Manager (DRM) report, noted inconsistencies in the claim viz. discrepancy regarding the train number but the fact remains that the deceased was traveling from Ajmer to Bhadra and fell from the train before it reached Palanpur Railway Station. The Railway Administration did not lead any oral evidence, and no one appeared to prove the DRM report. If we believe that the incident falls within the statutory time period, the Post-Mortem (PM) report on record reveals multiple fresh head injuries on the deceased, comprising both internal and external injuries...In view of the aforesaid expert evidence, the theory of a self inflicted injury is ruled out. The learned Tribunal erred in taking the assistance of a police statement to disbelieve the claimant's case," the court said.The deceased's mother had challenged order of the Railway Claims Tribunal, dismissing her claim petition. The deceased was travelling from Ajmer to Bandra Terminus in Shri Gangapur – Bandra Terminus Amrapur Aravalli Express with a valid ticket on 30.08.2021.It was argued that due to rush in the train during Covid-pandemic period, the deceased had no option except to stand near entrance gate of general compartment. When the train was nearing Karjoda station, due to a sudden jerk and push by passengers, the deceased lost his balance and fell from running train. He was dragged with the train and sustained multiple injuries resulting into his death on the way to Civil Hospital, Palanpur. The appellant had declared on oath that travelling ticket of the deceased was lost in the accident. The mother claimed her son was bona fide passenger and sought compensation of Rs.8 Lakhs with interest from the date of accident till realization.Railway Claims Tribunal ultimately held that deceased was travelling without railway ticket. It said that the claimant took different stands on different occasions and did not come to the Tribunal with clean hands and just to get benefit of welfare legislation filed a claim petition on the ground that her son was travelling in train, however, without ticket fell to death.The court said that the Tribunal had picked up statements "from here and there" along with police's statement to negate her claim. The court also said that the Tribunal failed to understand the object of Railway Act.The court said that the Tribunal used a "hyper-technical approach" thereby defeating the very object of a beneficial piece of legislation."What is all the more noticeable is that the incident occurred during the COVID-19 pandemic period, during which period railway authorities generally did not conduct ticket-checking for passengers boarding trains," it added. Allowing the appeal the court directed the Railways to pay compensation of Rs.8,00,000 with 9% interest from the date of the incident till realization to the claimantsCase title: NAJMAKHATOON MODHAIDAR SHAIKH v/s UNION OF INDIAR/FIRST APPEAL NO. 3285 of 2024Citation: 2026 LiveLaw (Guj) 216Appearance:MR KUNAL M SHAH(5588) for the Appellant(s) No. 1MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1MR SHUSHIL R SHUKLA(5603) for the Defendant(s) No. 1Click Here To Read/Download Order

Once Claimant Files Affidavit On Deceased Carrying Valid Ticket, Burden To Disprove Claim Shifts On Railways: Gujarat High Court

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Once Claimant Files Affidavit On Deceased Carrying Valid Ticket, Burden To Disprove Claim Shifts On Railways: Gujarat High Court

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