Supreme Court: No Ticket Required for Railway Compensation

• The Supreme Court ruled that railways cannot deny compensation to a deceased passenger's family solely because no ticket was found.
• Claimants can establish bona fide passenger status through an affidavit, which shifts the burden to the railways to disprove it based on facts and circumstances.
• The applicable standard of proof is the 'preponderance of probabilities' and not proof beyond reasonable doubt for compensation claims under Section 124A of the Railways Act.

The mere absence of a ticket on a deceased passenger does not negative the claim that he was a bona fide passenger.

A recent Supreme Court judgment has clarified that railways cannot deny compensation to a deceased passenger's family solely because no ticket was found. The court ruled in favor of Lata, whose husband Chandrakant Thakkar had died after falling from a train in 2015. Despite the Railway Claims Tribunal and Madhya Pradesh High Court rejecting her claim, the Supreme Court held that the mere absence of a ticket does not negate the claim that the deceased was a bona fide passenger. The court emphasized that beneficial legislation must be interpreted in a purposive and liberal manner to achieve its social welfare objective.

The Supreme Court's decision is significant as it clarifies the standard of proof required for compensation claims under Section 124A of the Railways Act. The court reiterated that the applicable standard of proof is the 'preponderance of probabilities' and not proof beyond reasonable doubt. This means that claimants can establish their case through an affidavit, which shifts the burden to the railways to disprove it based on facts and circumstances. The court also relied on its previous decision in Union of India vs Rina Devi (2019), where it was held that once a claimant files an affidavit establishing foundational facts, the burden shifts to the railways to rebut the claim.

The Supreme Court's ruling has important implications for lawyers and compliance officers dealing with railway compensation claims. The court's emphasis on interpreting beneficial legislation in a purposive and liberal manner means that railways cannot deny compensation solely because no ticket was found. This decision may impact claims under Section 124A of the Railways Act, where claimants can establish bona fide passenger status through an affidavit. As such, this ruling is crucial for ensuring that victims of untoward incidents receive expeditious relief without requiring proof of negligence.

Lawyers and compliance officers should note that the Supreme Court has clarified that railways cannot deny compensation to a deceased passenger's family solely because no ticket was found, provided the claimant can establish bona fide passenger status through an affidavit. This ruling may impact claims under Section 124A of the Railways Act.

Source: Original reporting via Supreme Court Judgments