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Blog Entry# 1949633
Posted: Aug 02 2016 (17:18)

1 Responses
Last Response: Aug 02 2016 (17:18)
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Aug 02 2016 (16:24)   How can a dead man furnish his railway ticket?

Jayashree*^   40501 news posts
Entry# 1949633   News Entry# 275731         Tags   Past Edits
BENGALURU: Every year, around 1,200 people die after falling from moving trains in the suburban rail network across the country .But claims for compensation filed before the Railway Claims Tribunal (RCT) by family members of the victims are often checkmated with this poser: Was the victim a bonafide passenger (with a valid train ticket) to be eligible for compensation?
Family members of Sham Ramchand Pawar (a train accident victim) too faced a similar predicament for 14 long years because of non-availability of a train ticket. However, recently the Karnataka High Court came to their aid by reinterpreting the term `bona fide passenger' and ordering payment of Rs 4 lakh as compensation.
resident of Belagavi district, Pawar was found dead on the track near platform No. 1 of Londa railway station on the Karnataka-Goa border on the night of October 8, 2002. Having come under the wheels of a train, his neck was separated from the torso and his limb from the shoulder.
His wife Kamala claimed he had accidentally fallen off Rani Chennamma Express (train No. 6590) while travelling from Belagavi to Londa. The family, while seeking compensation, maintained that Pawar had bought a ticket before boarding the train and was run over while alighting.
However, the South Central Railway countered the family's plea before the RCT saying Pawar wasn't a bona fide passenger as there was no ticket with him.
The railways maintained Section 124 (A) of the RCT Act makes it mandatory for a person to have a ticket to be classified as a bona fide passenger. The railways argued Pawar was a bhelpuri vendor and he could have come under the wheels of the train while moving from one train to another. In 2007, the RCT ruled that Pawar cannot be considered a bona fide passenger. Subsequently, the family appealed in the high court.
Justice G Narender, in his verdict, observ ed: "If Pawar was a vendor selling eatables on the platform, he would have been known to the railway staff and they would have identified him. On the contrary, the victim was not identified by the staff. It's common knowledge that any person who comes under the wheels of a train would get chopped into pieces and the ticket could have got stuck to the under-carriage of the train or gone missing or could have crushed under the wheels of the train. Hence, the contention that he is not a bona fide passenger and that he isn't eligible for compensation is rejected."
The high court maintained that the tribunal banked on extraneous material and inconsequential facts to reject the compensation claim. "It's beyond comprehension as to how a dead person can be called to furnish a ticket which nobody knows whether he had purchased or not. The very nature of injuries demonstrate that the body had been mutilated beyond recognition and, in such circumstances, to expect recovery of railway ticket is beyond one's comprehension."

1 Public Posts - Tue Aug 02, 2016

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