Jugaji Dalaji Thakor vs Union Of India
2025 Latest Caselaw 1077 Guj

Gujarat High Court

Jugaji Dalaji Thakor vs Union Of India on 9 June, 2025

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                             C/FA/72/2020                                          JUDGMENT DATED: 09/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                 R/FIRST APPEAL NO. 72 of 2020

                      FOR APPROVAL AND SIGNATURE:

                      HONOURABLE MR. JUSTICE DEVAN M. DESAI
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                                   Approved for Reporting                          Yes            No

                      ==========================================================
                                                       JUGAJI DALAJI THAKOR
                                                               Versus
                                                          UNION OF INDIA
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                      Appearance:
                      MR KUNAL M SHAH(5588) for the Appellant(s) No. 1
                      MR MAHESH B SHAH(1053) for the Appellant(s) No. 1
                      MR PJ MEHTA(467) for the Appellant(s) No. 1
                      ADVOCATE NOTICE SERVED for the Defendant(s) No. 1
                      ================================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                            Date : 09/06/2025

                                                            ORAL JUDGMENT

1. Heard learned advocate Mr. P. J. Mehta for the

appellant. Though served, nobody appeared for and

on behalf of respondent No.1. Perused the record.

2. The challenge in the present appeal is by the original

claimant challenging the judgment and award dated

18.11.2019 passed by learned Railway Claims

Tribunal, Ahmedabad in Claim Application

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No.OA/(IIU)/2017/146.

3. The facts in brief of the case are as under:

* The deceased Nitesh Jugaji Thakor was

travelling on 27.7.2016 in train No.52901 from

Mehsana Ahmedabad MG Passenger train with a valid

journey ticket and during the journey he accidentally

fell down from KM No.727/7, near crossing No.208,

near Jagudan Dungri Railway Station because of

sudden jerk and jolt in the train. The deceased

sustained injuries due to fell down and was taken to

Civil Hospital, Mehsana where he was declared as

dead.

* A claim application was filed by the heirs of

deceased claiming compensation. The learned

tribunal dismissed the claim application for want of

having a valid travelling ticket. The claim petition

was resisted by the respondent by filing written

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statement and DRM report. Issues were framed by

the learned Tribunal.

* Claimant examined himself by filing an affidavit

in lieu of examination in chief. Respondent also

examined one Harchand Bhai, gate man of LC No.208

at Jagudan railway station.

* Learned Tribunal after considering the evidence

on record, rejected the claim petition for want of

valid travelling ticket.

* Being aggrieved and dissatisfied with the

impugned judgment and award, claimant has

preferred the present appeal.

4. Learned advocate for the appellant - original claimant

submitted that the accident occurred on 27.7.2016

when the deceased was travelling in the train

No.52901 from Mehsana to Ahmedabad and because

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of the sudden jerk and jolt in the passenger train,

deceased fell down from running train and sustained

serious bodily injuries. The deceased was taken to

Civil Hospital, Mehsana where he was declared dead.

He further submitted that the untoward incident is

established as the respondent did not contest the

application by leading cogent and convincing reasons.

Even in the written statement, the respondent has

admitted the happening of the accident and only on

the ground of non-finding of the ticket alongwith the

body of deceased, learned tribunal rejected the claim

application. In support of the contentions, he has

placed reliance upon the decision in the case of Union

of India v. Rina Devi reported in 2018 ACJ 1441,

It is contended that merely in absence of a railway

ticket, claim of the claimant cannot be rejected on the

ground of non-existence of a bonafide passenger. The

burden would shift upon the respondent, the moment

claimant discharged its burden of proving the accident

by filing an affidavit of the relevant facts. In the

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present case, except the production of DRM report, no

convincing and cogent evidence is led by the

respondent, whereby, the claim of the claimant can be

rejected.

5. I have considered the submissions and perused the

Record & Proceedings. Undisputedly, the deceased

was travelling in a train number 52901 from Mehsana

and during the journey due to jerk and jolt in running

train, deceased fell down and died because of the

injuries. It appears from the record that the railway

authority filed Written Statement and produced DRM

report. The affidavit of Mr. Harchand Bhai which is

filed on 21.2.2018 also discloses the fact that one

unknown person was fallen down from the running

train and he received such information, he reached

the incident, he reached at the spot of accident and

informed on duty SS - Jagudan regarding the accident.

Except the production of DRM report, railway authority

could not place on record any material to substantiate

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that contention.

6. In the present case the happening of the accident

from a running train is undisputed. The only question

which requires under consideration is whether a claim

application can be rejected for want of valid travelling

ticket.

7. On perusal of the definition of `passenger', it

mandates that a person should travel with a valid pass

of ticket. Sub Section (29) of Section 2 of the Railways

Act, 1989 is reproduced hereunder for the sake of

convenience.

"Passenger" - means a person travelling with a valid pass or ticket."

8. A similar question was arose before the Hon'ble Apex

Court in the case of Reena Devi (Supra), wherein

the question of a person / victim having no railway

ticket was addressed. In Paragraph No.17.4 of the said

decision, Hon'ble Supreme Court has observed as

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under:

"17.4 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 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."

9. Thus on issue of a bonafide passenger, mere absence

of ticket with victim of accident would not negate the

claim that victim / person was not a bonafide

passenger. The initial burden is always upon the

claimant and the burden can be said to have been

discharged by filing an affidavit of the relevant facts.

Once such burden is discharged, the burden would

shift upon the railways to establish the fact that the

victim / person was not a bonafide passenger.

10. In the present case, what has weighed to the learned

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tribunal is a fact that no railway ticket was found with

the body of deceased. Such observations are ill

founded in view of the decision of Reena Devi

(Supra). It also appears from the record that though

claimant filed examination in chief, nothing fruitful

could be extracted by the railway authority in the

cross examination of the claimant and the inquiry

report dated 12-09-2017 which is placed on record at

page number 75 of the Record and Proceedings also

indicate the happening of untoward incident which is

sufficient for the claimant to get a compensation from

the railways.

11. In the background of the above discussion and in view

of the law laid down in the case of Reena Devi

(Supra), the present appeal deserves to be allowed

and the same is allowed. Thereby, the judgment and

award dated 18.11.2019 passed by learned Railway

Claims Tribunal, Ahmedabad in Claim Application

No.OA/(IIU)/2017/146 is quashed and set aside. No

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order as to costs.

12. Record & Proceedings, if any, be sent back to the

concerned Tribunal, forthwith.

(D. M. DESAI,J) vk