9. To support her contentions, learned counsel for the appellants has relied
upon a decision of the High Court of Punjab and Haryana at Chandigarh reported in
Suman Sharma v. Union of India1, wherein it was held that
Merely because there has been no recovery, as such, of any ticket
from the body of the deceased, would not be a ground to deny the benefit of
the no fault liability, which is to be paid on account of the untoward incident,
under Section 124. The statement of the appellant would go on to show that
her husband was shuttling between Ambala and Parwanoo and therefore,
presumption would arise that if he was using the facilities of Railways for
travelling from Kalka which is well connected with Ambala. He would be
using a ticket or a pass and therefore, would normally travel alone, in
pursuance of his duties assigned to him, as per his employer and in search of
his professional work. The appellant-wife could not, in such circumstances,
depose regarding the details of travel with a valid ticket and details of such
journey, thus, could not have been given by the appellant-wife being
stationed 200 kms away at Hamirpur.
Suman Sharma v. Union of India^, wherein it was held that
Merely because there has been no recovery, as such, of any ticket
from the body of the deceased, would not be a ground to deny the beneift of
the no fault liability, which is to be paid on account of the untoward incident,
under Section 124. The statement of the appellant would go on to show that
her husband was shuttling between Ambala and Parwanoo and therefore,
presumption would arise that if he was using the facilities of Railways for
travelling from Kalka which is well connected with Ambala. He would be
using a ticket or a pass and therefore, would normally travel alone, in
pursuance of his duties assigned to him, as per his employer and in search of
his professional work. The appellant-wife could not, in such circumstances,
depose regarding the details of travel with a valid ticket and details of such
journey, thus, could not have been given by the appellant-wife being
stationed200 kms away at Hamirpur.
Suman Sharma v. Union of India^, wherein it was held that
Merely because there has been no recovery, as such, of any ticket
from the body of the deceased, would not be a ground to deny the beneift of
the no fault liability, which is to be paid on account of the untoward incident,
under Section 124. The statement of the appellant would go on to show that
her husband was shuttling between Ambala and Parwanoo and therefore,
presumption would arise that if he was using the facilities of Railways for
travelling from Kalka which is well connected with Ambala. He would be
using a ticket or a pass and therefore, would normally travel alone, in
pursuance of his duties assigned to him, as per his employer and in search of
his professional work. The appellant-wife could not, in such circumstances,
depose regarding the details of travel with a valid ticket and details of such
journey, thus, could not have been given by the appellant-wife being
stationed200 kms away at Hamirpur.
8. The learned counsel for the appellant relied on a
Judgment between "Suman Sharma v. Union of India"2,
wherein it was held that merely in the absence of the ticket on the
body of the deceased, it would not disentitle the appellant to claim
2
2018 ACJ 2849
6 SSRN,J
C.M.A. No.64 of 2022
compensation, in the absence of any such proof that he had
committed suicide or was intoxicated, as such, to fall within the
exceptions under Section 124-A and could not be held to be a
trespasser in the railway train.