Summary
- Delhi High Court bench of Justice Manoj Kumar Ohri in Sajna Devi vs Union Of India
- Whether the deceased was a bona fide passenger and if the incident constituted an "untoward incident" under the Railways Act, 1989.
- Court observed that the absence of a ticket does not negate the claim of being a bona fide passenger and that the Tribunal erred in dismissing the claim.
- The burden of proof shifted to the respondent, who failed to produce necessary evidence, including the DRM report, leading to an adverse inference against them.
- This judgment emphasizes a liberal interpretation of beneficial legislation regarding compensation for railway accident victims.
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