FAO-6154-2018 (O&M) [223] Harpreet Singh Union of India Coram : Present: PANKAJ JAIN [1] Claims Tribunal, Chandigarh Bench, Chandigarh. There is no dispute with respect to the issue relates to absence of ticket and the claimant being or not. [2] claimant before the learned Tribunal wherein he specifically claimed to have boarded train after purchasing a valid ticket. He submits that the said ticket was lost while the claimant was bein hospital. Further reliance is being placed upon ration of law laid down by Supreme Court in the case of Supreme Court Cases 572 discharged the initial onus by stating regarding purchase of valid ticket, (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-6154 Date of Decision : Harpreet Singh versus Union of India HON’BLE MR. JUSTICE PANKAJ JAIN Mr. S.R. Chaudhary, Advocate for the appellant. Ms. Neha Sharma, Senior Panel Counsel for the respondent-UOI. *** PANKAJ JAIN, J. (ORAL) Challenge is to Award dated 20.03.2018 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh. There is no dispute with respect to the injury suffered by the claimant in an untoward incident. The issue relates to absence of ticket and the claimant being Counsel for the appellant has referred to the affidavit of the claimant before the learned Tribunal wherein he specifically claimed to have boarded train after purchasing a valid ticket. He submits that the said ticket was lost while the claimant was being taken hospital. Further reliance is being placed upon ration of law laid down by Supreme Court in the case of ‘Union of India versus Rina Devi’, (2019) 3 Supreme Court Cases 572. He thus, submits that once the claimant charged the initial onus by stating on or regarding purchase of valid ticket, onus shifted on the railway IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 6154-2018 (O&M) Date of Decision : 21.03.2025 …Appellant ….Respondent PANKAJ JAIN Advocate Ms. Neha Sharma, Senior Panel Counsel dated 20.03.2018 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh. There is no dispute with suffered by the claimant in an untoward incident. The issue relates to absence of ticket and the claimant being bona fide passenger Counsel for the appellant has referred to the affidavit of the claimant before the learned Tribunal wherein he specifically claimed to have boarded train after purchasing a valid ticket. He submits that the said ticket taken from the place of accident to hospital. Further reliance is being placed upon ration of law laid down by ‘Union of India versus Rina Devi’, (2019) 3 He thus, submits that once the claimant on or before the learned Tribunal shifted on the railways to rebut the 1 dated 20.03.2018 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh. There is no dispute with suffered by the claimant in an untoward incident. The passenger Counsel for the appellant has referred to the affidavit of the claimant before the learned Tribunal wherein he specifically claimed to have boarded train after purchasing a valid ticket. He submits that the said ticket from the place of accident to hospital. Further reliance is being placed upon ration of law laid down by ‘Union of India versus Rina Devi’, (2019) 3 He thus, submits that once the claimant before the learned Tribunal to rebut the RAJNEESH SHARMA 2025.03.26 15:44 I attest to the accuracy and integrity of this document FAO-6154-2018 (O&M) same. Railways having failed to produce any cogent piece of evidence in rebuttal, learned Tribunal ought no [3] claimant was is a specific statement made by the claimant before the learned Tribunal with respect to purchase of journey ticket and the loss thereof and there is no evidence led by the railways to rebut the same. [4] covered by the ratio of law laid down in Supreme Court observed as under: (O&M) same. Railways having failed to produce any cogent piece of evidence in rebuttal, learned Tribunal ought not to have rejected Counsel for the respondent claimant was not found in possession of any valid ticket but admits that there is a specific statement made by the claimant before the learned Tribunal with o purchase of journey ticket and the loss thereof and there is no evidence led by the railways to rebut the same. In view thereof, this Court finds that the issue is squarely covered by the ratio of law laid down in Supreme Court observed as under:- “15.4 Accordingly, we conclude that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases. If calculated is less than the amount prescribed as on the date of the award of the Tribunal, the claimant will be entitled to higher of the two amounts. This order will not affect the awards which have already become final and where limitation for challenging such awards has expired, this order will not by itself be a ground for condonation of delay. Seeming conflict in Rathi Menon (supra) and stands explained accordingly. The 4 in Pratap Narain Singh Deo subject and squarely applies to the present situation. Compensation as applicable on the date of the accident has to be given with reasonable interest and to give effect to the mandate of beneficial legislation, i on the date of award of the Tribunal is higher than unrevised amount with interest, the higher of the two amounts has to be given.” same. Railways having failed to produce any cogent piece of evidence in have rejected the claim. Counsel for the respondent-UOI though submits that the found in possession of any valid ticket but admits that there is a specific statement made by the claimant before the learned Tribunal with o purchase of journey ticket and the loss thereof and there is no evidence led by the railways to rebut the same. In view thereof, this Court finds that the issue is squarely covered by the ratio of law laid down in Rina Devi’s case (supra), wherein Accordingly, we conclude that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases. If the amount so calculated is less than the amount prescribed as on the date of Tribunal, the claimant will be entitled to higher of the two amounts. This order will not affect the awards which have already become final and where limitation for challenging such awards has expired, this order will not by itself be a ground for condonation of delay. Seeming conflict (supra) and Kalandi Charan Sanhoo (supra) stands explained accordingly. The 4-Judge Bench judgment n Singh Deo (supra) holds the field on the subject and squarely applies to the present situation. Compensation as applicable on the date of the accident has to with reasonable interest and to give effect to the mandate of beneficial legislation, if compensation as provided on the date of award of the Tribunal is higher than unrevised amount with interest, the higher of the two amounts has to be 2 same. Railways having failed to produce any cogent piece of evidence in UOI though submits that the found in possession of any valid ticket but admits that there is a specific statement made by the claimant before the learned Tribunal with o purchase of journey ticket and the loss thereof and there is no In view thereof, this Court finds that the issue is squarely wherein Accordingly, we conclude that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the amount so calculated is less than the amount prescribed as on the date of Tribunal, the claimant will be entitled to higher of the two amounts. This order will not affect the awards which have already become final and where limitation for challenging such awards has expired, this order will not by itself be a ground for condonation of delay. Seeming conflict (supra) Judge Bench judgment (supra) holds the field on the subject and squarely applies to the present situation. Compensation as applicable on the date of the accident has to with reasonable interest and to give effect to the f compensation as provided on the date of award of the Tribunal is higher than unrevised amount with interest, the higher of the two amounts has to be RAJNEESH SHARMA 2025.03.26 15:44 I attest to the accuracy and integrity of this document FAO-6154-2018 (O&M) [5] on Issue No.1 cannot be sust Coming on to the issue of quantum by the claimant falls Railway Accidents and Untoward Incident [6] claimant shall be entitled to an amount of Rs.1,60,000/ @ 9% per annum from the date of accident till the date of actual realization or Rs.3,20,000/ deposit the amount. In case, the amount is not deposited, they shall to pay an interest irrespective of the fact that Rs.3,20,000/ [7] Card and [8] [9] disposed off 21.03.2025 ‘R. Sharma' (O&M) In view of the above, finding recorded by the learned Tribunal on Issue No.1 cannot be sustained. The same is ordered to be reversed. Coming on to the issue of quantum, as per the Schedule, the injury suffered by the claimant falls in Item No.22 of the Schedule Part Railway Accidents and Untoward Incident Keeping in view that the date of accident is 11.01.2016, the claimant shall be entitled to an amount of Rs.1,60,000/ @ 9% per annum from the date of accident till the date of actual realization or Rs.3,20,000/-, whichever is higher. Railway is granted 08 weeks deposit the amount. In case, the amount is not deposited, they shall to pay an interest @ 7.5% per annum irrespective of the fact that the claimant ,000/- without interest. The claimant shall furnish the requisite documents i.e. Aadhaar and Bank details within 04 weeks before the learned Tribunal. Appeal stands allowed. All pending miscellaneous application(s), if any, stands disposed off. 21.03.2025 Whether speaking/ reasoned Whether reportable In view of the above, finding recorded by the learned Tribunal ained. The same is ordered to be reversed. per the Schedule, the injury suffered Item No.22 of the Schedule Part-II appended to the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. Keeping in view that the date of accident is 11.01.2016, the claimant shall be entitled to an amount of Rs.1,60,000/- along with interest @ 9% per annum from the date of accident till the date of actual realization r is higher. Railway is granted 08 weeks’ time to deposit the amount. In case, the amount is not deposited, they shall be liable 7.5% per annum for the period as stated abo claimant is entitled to compensation of The claimant shall furnish the requisite documents i.e. Aadhaar Bank details within 04 weeks before the learned Tribunal. All pending miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 In view of the above, finding recorded by the learned Tribunal ained. The same is ordered to be reversed. per the Schedule, the injury suffered II appended to the Keeping in view that the date of accident is 11.01.2016, the along with interest @ 9% per annum from the date of accident till the date of actual realization time to be liable ove compensation of The claimant shall furnish the requisite documents i.e. Aadhaar All pending miscellaneous application(s), if any, stands RAJNEESH SHARMA 2025.03.26 15:44 I attest to the accuracy and integrity of this document