P&H: Enhances Railway Accident Compensation, Says absence of evidence regarding employment of deceased was not material to determination of claim

(i) Railways Act, 1989, S.124A — Bona fide passenger — Absence of ticket — Mere absence of a ticket does not negative claim of bona fide passenger — Question has to be determined on facts established on record — Oral evidence of brother regarding purchase...

(ii) Railways Act, 1989, Section 124A — No fault liability — Liability u/s.124A,  fastens liability upon railway administration for death caused by an untoward incident, subject to statutory exceptions — Absence of an entry from driver or guard in DRM inquiry did not, by itself,...

(iii) Railways Act, 1989, Section 124A — Employment of deceased — Relevance — The absence of evidence regarding the employment of the deceased was not material to the determination of the claim under Section 124A. Statutory compensation is not dependent upon proof of the deceased’s...

(iv) Railways Act, 1989, S.123(b)(i) — Dependants — Wife and son — Widow and son of deceased are included within definition of dependant. (Para 17)

(v) Railways Act, 1989, Ss.123(c)(2), 123(b)(i), 124A, Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 — Compensation — Accident occurred in 2016 — Basic compensation applicable on date of accident was to be taken into account along with reasonable interest — If resulting amount was...