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Blog Entry# 6212920
Posted: Today (11:57)

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IR Affairs
ER/Eastern
Today (11:57)   Jharkhand HC: Lack of Ticket on Deceased Passenger's Body Does Not Prove They Were Not a Legitimate Traveler

AdittyaaSharma^~   74623 news posts
Entry# 6212920         Tags   Past Edits
टिकट नहीं तब भी ट्रेन से गिरकर मौत पर दें मुआवजा; झारखंड हाईकोर्ट का अहम फैसला

The Jharkhand High Court ruled that the absence of a ticket on a deceased passenger's body does not automatically prove they were not a legitimate passenger. The court awarded Rs 8 lakh in compensation and interest to the deceased's wife, overruling the Railway Court's previous denial of compensation. The court deemed...
more...
the deceased's wife's affidavit sufficient evidence of his travel status, as the Railway provided no contrary evidence. The passenger, Shambhu Sahni, died after falling from a train on June 7, 2017, due to a crowd near the door. His wife, Kavita Devi, stated he had a valid second-class ticket, but it was lost during the incident. The Railway Court had initially rejected the claim, citing the lack of a ticket. However, the High Court found inconsistencies in the Railway's claims about the cause of death and deemed the incident an accident under Section 123(C)(2) of the Railways Act, 1989.

Jharkhand High Court ne ek important faisla diya hai ki train se girne ke baad yaatri ke paas se ticket nahin milne se yeh saabit nahin hota hai ki woh valid yaatri nahin tha. Court ne mar gaye yaatri ki patni ko aath lakh rupaye muavza aur byaj dene ka order...
more...
diya hai. Court ne railway court ke us order ko reject kar diya hai jisme yaatri ko valid nahin mante hue muavza dene se inkaar kar diya tha. Court ne kaha ki bhaise mar gaye yaatri ki jaanch report mein ticket na milne par bhi, patni ka halafnama yeh assumption karne ke liye kaafi hai ki mar gaye yaatri actual mein yaatri tha. Railway ki taraf se koi bhi oral ya documentary evidence nahin diya gaya hai jisse pata chale ki mar gaye yaatri asli yaatri nahin tha. Shambhu Sahni, Kavita Devi ke pati, 7 June 2017 ko Sahibgunj Junction se Pirpainti station jaane wale train mein swaar hue the. Door ke paas bheed hone ki wajah se dhakka-mukki hui aur woh train se gir gaye. Train court mein, Railway ne claim kiya tha ki mar gaye yaatri ki maut railway track cross karte waqt hui thi, lekin railway ke document se pata chala ki woh train se girne ki wajah se hua tha. High Court ne kaha ki yeh incident Railways Act, 1989 ke Section 123(C)(2) ke tahat accident hai.

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