Ms. Shobha Devi vs Union Of India Thru. General Manager, ... on 13 May, 2024
10. So far as the judgment relied by the learned counsel for the appellant in the case of Gaurav Kapoor and Others Vs. Union of India; FAO No.401 of 2010 is concerned, it was admitted position in the said case that deceased had a valid train ticket, which was for travel from New Delhi Railway Station to Ludhiana, therefore, the court held that it can not be said that the deceased was a totally unauthorized passenger though he had boarded a wrong train from the New Delhi Railway Station and had fallen barely about 2/3 kms from New Delhi Railway Station. Thus, the High Court has recorded a finding that once the deceased had a valid journey ticket, albeit for travel from New Delhi to Ludhiana, the deceased is a bonafide passenger within the Explanation (ii) to Section 124-A and he has been held a bonafide passenger and accordingly the appeal was allowed and the matter was remitted. This case is distinguishable on the facts and circumstances of the present case and does not of any benefit to the appellant. In this case no valid ticket has been found with the appellant and learned tribunal has also recorded a finding that it can not be said that the ticket was lost by the appellant and nothing has been argued or shown which may show that the said finding is perverse or erroneous.