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Supreme Court of India 2023-05-16 allowed

Kamukayi & Ors vs Union of India and Ors

Bench: 2 — Surya Kant, J.K. Maheshwari

In Brief

A man with a valid railway ticket fell from a moving train at Mahadanapuram Railway Station in 2014 and died. The Railway Claims Tribunal and High Court dismissed his family's compensation claim, finding he was not a "bona fide passenger" because his ticket was not found with his body. The Supreme Court reversed both judgments, holding that initial proof of ticket purchase by the son satisfied the burden of proof, shifting responsibility to the Railways to disprove it. The court also confirmed the death was an "untoward incident" under railway law. The appellants were awarded ₹4,00,000 with 7% interest, or ₹8,00,000 whichever is higher, affirming that compensation rules must benefit claimants.

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Railway Law Accident Compensation Passenger Rights Burden of Proof Statutory Interpretation Beneficial Legislation

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