“10. The question which then arises for consideration is whether nonrecovery of a ticket or a pass from the person of the deceased would lead to any inference that he was travelling without ticket or any valid travel authority, and therefore, not a bonafide passenger. Section 2(29) of the Railways Act defines 'passenger' as meaning a person travelling with a valid pass or ticket. Under Section 124-A of the Railways Act, 1989, the Railways would be liable to pay compensation only for loss occasioned by the death or injury to a person as a result of an untoward incident. Explanation to Section 124-A of the Railways Act, 1989 amplifies the scope of the expression passenger by stating that for the purpose of this Section, passenger includes 1) a Railway servant on duty, 2) a person, who has purchased a valid ticket for travel by a train carrying passengers on any date or a valid platform ticket and becomes a victim of an untoward incident. Thus, apart from the definitive definition of the expression 'passenger' contained in Section 2 (29), the inclusive definition of the said expression contained in Explanation to Section 124-A of the Railways Act, 1989 also makes it clear that it is only a person, who has purchased a valid ticket for travel by train would become a passenger. The inclusive definition contained in the Explanation includes a person, who has a valid platform ticket also. Thus, before rendering the Railways liable for payment of compensation, it is necessary to establish that the victim of the untoward incident was in a fact a passenger i.e. a person, who was travelling with a valid ticket or a pass.
