Untoward railway incident : Mere absence of journey ticketdoes not effect the bona fide of a passenger.

Orissa High Court Awards Compensation in Railway Accident Case. Deased's Status as Bona Fide Passenger Established Despite Absence of Journey Ticket

In a landmark judgment, the Orissa High Court has overturned a previous decision by the Railway Claims Tribunal, Bhubaneswar Bench, and awarded compensation to the family of S. Narayan Reddy, who died in an untoward railway incident. The judgment was delivered by Justice Dr. Sanjeeb K Panigrahi on October 17, 2025, in the case of S. Narayan Reddy v. Union of India.

The deceased was traveling from Berhampur to Rambha on Train No. 58418, Gunupur-Puri Passenger, when she accidentally fell from the moving train due to a sudden jerk. Despite the absence of a journey ticket, the High Court ruled that other evidence, including eyewitness accounts and a police report, sufficiently established her status as a bona fide passenger. The Railway Claims Tribunal had previously dismissed the claim, citing the lack of a ticket and the nature of injuries as evidence against the appellant's claims.

The High Court emphasized the strict liability under Section 124-A of the Railways Act, 1989, which mandates compensation for untoward incidents involving bona fide passengers. The court found that the Railway Administration failed to rebut the statutory presumption in favor of the appellant, as outlined in precedents such as Union of India v. Rina Devi and Kamukayi v. Union of India.

Justice Panigrahi awarded Rs. 8,00,000/- in compensation to the appellant, along with an interest rate of 6% per annum from the date of filing the claim application. The decision underscores the importance of considering comprehensive evidence over isolated factors like ticket possession, reinforcing the protections offered under the Railways Act for passengers.

Bottom Line:

Liability of Railway Administration under Section 124-A - Mere absence of journey ticket at the time of an incident cannot outweigh other evidence establishing the deceased's status as a bona fide passenger.

Statutory provision(s): Railways Act, 1989 Sections 123(c)(2), 124-A

S. Narayan Reddy v. Union of India, (Orissa) : Law Finder Doc Id # 2796621