Paridhi Arya
Published on May 27, 2022 at 17:30 IST
Special Judge Bench of Justice Sandeep K Shinde held that non production of identity proof didn’t render season ticket invalid and a person holding valid season ticket will be considered bona fide passenger of the train when person claiming accidental compensation.
The observed that instructions given by Railway is not mandatory and would not consider season ticket invalid on non production of identity proof.
“Passenger producing proper season ticket without, identify card, ipso-facto, would not render season ticket, improper and/or invalid, unless, it is proved that passenger was using season ticket, that was issued in the name of another person,” the Court said.
The appeal was filed by Harish Damodar as his claim for accident compensation against railway got rejected by Railway Claims Tribunal.
Damodar was holding season ticket while he was travelling in Mumbai local and fall from train due to heavy rush.
The Tribunal rejected his claim on the ground that the injuries seems self inflicted and not untoward incident and Damodar was not a bona fide passenger as he didn’t had ID proof while travelling which render his pass invalid.
The Centre government relied on instructions passed by Railway Ministry that it is mandate to show ID card and if fail to show the season ticket will be considered invalid.
The Court however said that non production of ID card will not render season ticket invalid.
“First reason is that, applicant was traveling with valid and proper season ticket. Therefore, he was “Passenger” within the meaning of Section 2(29) of the Railway Act, 1989. Second reason is, instructions relied on by the Railways, cannot be said to be ‘mandatory’ and therefore would not render, proper season ticket, automatically invalid for non-production of identity card.”
The Court highlighted Section 54 of Railways Act 1989 and pointed out that unless it is proved that another person using the ticket issued on other person’s name ticket will not be invalid.
“Appellant had produced the valid season ticket bearing his signature and also journey extension tickets, which bore season ticket no.62490200. The signature of the appellant on season ticket, was not disputed by the Railways.”
“Moreover, season ticket and the journey extension tickets, were recovered, from the appellant while removing him at Hospital. In the circumstances, non-production of Identity Card along with season ticket, itself would not render proper season ticket, invalid,” the Court ruled.
Appellant was directed to appear Before Mumbai bench of Tribunal on June 10 and Tribunal was directed to decide compensation in accordance with the Railway Accidents and Untoward Incidents (Compensation) Rules before July.
