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Bombay High Court Judgment Tracker: May 2022 – Bar & Bench – Indian Legal News

InHarish Chandra Damodar Gaikwad v. Union Of India, the Court held that a person travelling on a pass, even in the absence of an identity card, would be deemed a ‘passenger’ under Section 2(28) of the Railways Act, unless it is proved that such person was travelling on a pass issued in the name of another person. Further, the Court in discussing the claim for damages under Section 16 of Railway Claims Tribunal Act, 1987, on account of injuries suffered in the course of a railway journey, also rejected the claim of the railways that the petitioner had suffered ‘self-inflicted injuries’ which is not included for a claim of damages under Section 123C(2) of the Railways Claims Tribunal Act, 1987. The Court referred to the Supreme Court judgement in Union of India v. Rina Devito reiterate that self-inflicted injuries only referred to deliberately caused injuries and not to mere negligence. In the present case, the injuries were not self-inflicted and were caused to a bonafide passenger and; hence, the Court ordered that damages be paid to the petitioner after medical verification of injuries.

Source: https://www.barandbench.com/columns/litigation-columns/bombay-high-court-judgment-tracker-may-202