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Times of India·3 min read·medium

No train ticket alone can't defeat accident claim: Gujarat HC

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No train ticket alone can't defeat accident claim: Gujarat HC
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The Gujarat High Court ruled that the absence of a train ticket is insufficient grounds to deny accident compensation to a victim's family. The court criticized the Railway Claims Tribunal for a hyper-technical approach and shifted the burden of proof to the Railways.

Why it matters

This ruling sets a significant legal precedent for passenger rights and simplifies the process for families seeking compensation in railway accident cases.

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NEW DELHI: The Gujarat high court, in a judgment dated July 31, directed the Railways to pay Rs 8 lakh compensation to the family of a man who died after falling from a moving train. Setting aside the tribunal's order rejecting the claim, the court held that the tribunal had taken a "hyper-technical approach" and wrongly relied on police statements while ignoring evidence that supported the family's case.The court also said that once a claimant states on affidavit that the deceased was travelling with a valid ticket, the burden shifts to the Railways to prove otherwise.Why did the family approach the high court?According to the court's order, the deceased was travelling from Ajmer to Bandra Terminus when he allegedly fell from a moving train before it reached Palanpur railway station. His family claimed that he had bought a valid second-class ticket and died because of the fall.

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