Deceased to be treated as bonafide passenger on proof of purchase of ticket

The deceased fell from the said train and died on the spot. The claim of the deceased’s mother for compensation over the death of her son was rejected on the ground that she does not know the date when her deceased son left home. Ticket of deceased not found by railways.

Claimant discharged her onus of giving evidence that the deceased was going to his maternal grandfather by train and left his house along with sufficient money to purchase a ticket and their relative accompanied him to the railway station where he purchased a ticket and boarded the train.

Court held that the claimant has been able to prove that the deceased boarded a train and it is also prima facie established that he purchased a ticket also. Once that is the situation, he has to be taken as a bonafide passenger irrespective of the fact that a ticket was found or not because in such a type of incident there would always be a possibility of losing a ticket because one limb of the dead body was also missing. Railways have also failed to bring anything on record to show that extensive search was made to find out the ticket from the place of the incident but that effort was unsuccessful. Claimant held entitled to compensation on account of the death of her son.

Counsels: Mr.Upender Prashar, Mr.Khushkaran Kumar, Mr.Vikas Chatrath