Burden of Proof in Railway Accident Claims: Affidavit Sufficient to Establish Bona Fide Passenger Status

Case Snapshot

• Case Name: Lata v. Union of India & Anr.

• Citation: 2026 INSC 715

• Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

• Date of Judgment: July 16, 2026

• Area of Law: Railway Accident Claims, Compensation, Beneficial Legislation

Judgment in Brief

The Supreme Court allowed the appeal and granted compensation to the wife of a passenger who died after falling from a running train. The Court held that the Railway Claims Tribunal and the High Court had erred in denying compensation on the ground that the deceased's bona fide passenger status could not be established due to the absence of the train ticket. The Court reiterated that under Section 124A of the Railways Act, 1989, which provides for "no-fault liability," the standard of proof is preponderance of probabilities, not beyond reasonable doubt. An affidavit filed by the claimant is sufficient to discharge the initial burden, and the absence of a ticket does not automatically negative the claim. The Court also made observations on overcrowding in trains and the Railways' duty to ensure passenger safety.

Relevant Facts

• The deceased, Chandrakant Thakkar, was travelling from Raipur to Ahmedabad by Train No. 12834 (Ahmedabad-Howrah Mail) on November 28, 2015.

• He fell from the running train somewhere in the Khandbada-Khatgaon section and died instantaneously.

• The claimant (his wife) filed a claim petition under the Railway Claims Tribunal Act, 1987, seeking compensation of ₹4,00,000 with 18% interest.

• The claimant stated that the deceased's luggage, which contained the train ticket, was misplaced and untraceable.

• The Railway Claims Tribunal denied the claim, holding that the bona fide passenger status could not be established.

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