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April 2011

Compensation — Bona fide passenger — Railway Act.

By Dr. K. Shivaram, Ajay R. Singh
Advocates
Reading Time 1 mins
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[ Mummidi Durga & Ors. v. UOI, AIR 2011 (NOC) 1 (AP)]

The deceased while travelling in a passenger train fell from the train and died when the train was in motion. Evidence of witness and investigating officer clearly established that the deceased had boarded the train in question. The deceased was a bona fide passenger when he slipped from the train. It was quite natural that no part of his luggage would be with him when he slipped from the train. Factum of the deceased being a bona fide passenger cannot be doubted on the ground that no luggage was found on his dead body. The railway authority would be liable to pay compensation.

The claimants were held entitled to interest at 6% per annum on compensation awarded from the date of presentation of the claim petition till the date of award and thereafter at 9% per annum till the date of realisation.

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