(O&M) Ved Parkash & ANR. v. Union Of India

The argument of learned counsel appearing for the respondentUnion of India that the deceased was not a bonafide passenger is without merit. Admittedly, one MST No.73624096 in the name of Vikram valid upto 04.03.2008 and a railway ticket No.G-74041370 2nd class from Sonepat to Diwana. Appellant No.1 filed an affidavit while appearing as AW-1

dated 06.11.2008 and discharged burden of proof by establishing that the deceased was a bonafide passenger. Thereafter onus shifted on the UOI to rebut the evidence brought on record by the claimants. Recovery of both expired MST and ticket is not unnatural. Rather it proves that the deceased was a regular commuter. On the fateful day his MST had already expired so he purchased ticket but still was in possession of MST. The aforesaid evidence remained unrebutted.

In view of the aforesaid facts and circumstances, the present appeal is allowed.

Relief :- The accident relates to the year 2010. Thus, the compensation awarded to the appellants shall be as per Part I of the Schedule appended to the Railway Accident & Untoward Incidents (Compensation) Rules, 1990 prior to amendment dated 01.01.2017 i.e. Rs.4.00 lacs along with interest @9% per annum payable for the period from the date of application till actual date of realization.