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Union Of India vs Rina Devi on 9 May, 2018

In the case of Rina Devi (supra), it has been laid down that mere absence of ticket with the injured or deceased will not negative the claim that he was not a " bona fide passenger" and that Page No.# 7/9 the initial burden will be on the claimant which can be discharged by filing an affidavit of the relevant facts and the burden will then shift to the Railways. In the instant case, not only evidence was adduced, even the ticket was exhibited.
Supreme Court of India Cites 45 - Cited by 530 - A K Goel - Full Document

V.Eswari vs Union Of India Owning Southern Railway on 10 December, 2020

In the case of V. Eswari (supra) the Hon'ble Madras High Court by following the decision of the Hon'ble Supreme Court in the case of Union of India Vs Rina Devi reported in (2019) 3 SCC 392 has laid down that though it may not be conclusive to hold that an injured or deceased was a "bona fide passenger" by the mere presence of a body on the railway premises, at the same time, mere absence of ticket with such injured or deceased will not negative the claim that he was not a " bona fide passenger" and that the initial burden will be on the claimant which can be discharged by filing an affidavit of the relevant facts and the burden will then shift to the Railways.
Madras High Court Cites 9 - Cited by 1 - T Raja - Full Document
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