Welfare provisions to meet preponderance of probabilities standard

The Supreme Court has emphasized that Section 124-A of the Railways Act, 1989, being a welfare provision, requires a preponderance-of-probabilities standard rather than criminal-standard proof. In the matter of the appeal under special leave against the judgment of the High Court of Madhya Pradesh, Principal Seat at Jabalpur, dated 15 May 2024, the Supreme Court on 8 October 2025, by a Bench of Justices Aravind Kumar and N.V. Anjaria, allowed the appeal in part and directed payment of compensation to the appellants, holding that the deceased, late Sanjesh Kumar Yagnik, was a bona fide passenger at the time of the alleged railway accident.

The Court noted that the deceased, on 19 May 2017, had purchased a second-class ticket from Indore to Ujjain on Train No. 12465, Ranthambore Express, and fell from the running train near Police Station Narwar, resulting in fatal head injuries. While the Railway Claims Tribunal, Bhopal, and the High Court had dismissed the claim for compensation on the ground that the ticket was not recovered and the investigating officer was not examined, the Supreme Court held that these procedural irregularities did not negate the claim. Relying on precedents including Union of India v. Rina Devi, Kamukayi v. Union of India, and Doli Rani Saha v. Union of India, the Court reaffirmed that once a claimant establishes prima facie evidence of travel and occurrence of an untoward incident, the burden shifts to the Railways to disprove bona fide travel.

Verified issuance of a ticket and corroboration from the Divisional Railway Manager constituted sufficient evidence to establish that the deceased was a passenger. Consequently, the Supreme Court set aside the judgments of both the Tribunal and the High Court, awarding compensation of ₹8,00,000 (Rupees Eight Lakhs) to the widow and minor son of the deceased, payable within eight weeks, with interest at 6% per annum in case of delay.

Takeaway: The Supreme Court clarified that technical lapses in ticket recovery or witness examination cannot defeat claims under Section 124-A of the Railways Act; once credible evidence establishes travel and an untoward incident, statutory presumption favors the claimant, ensuring access to compensation under this welfare provision.

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Hiring Now: Associates / Senior Associates – Corporate & Commercial Litigation | King Stubb & Kasiva (Delhi)

King Stubb & Kasiva (KSK) is one of India’s prominent full-service law firms, with offices strategically located in Bangalore, Chennai, New Delhi, Mumbai, Kochi, Kolkata, and Pune. Over the years, KSK has established itself as a trusted partner for businesses, startups, multinational corporations, and individuals seeking comprehensive legal solutions. The firm is recognized for its precision-driven legal services, professionalism, and a forward-looking approach to complex legal problems.

KSK’s practice spans across diverse areas including corporate and commercial litigation, dispute resolution, regulatory advisory, mergers & acquisitions, intellectual property, banking & finance, insolvency, and real estate law. With an emphasis on quality, speed, and client satisfaction, KSK is also widely respected for nurturing its legal talent in a professional yet dynamic environment.

The firm is now inviting applications from qualified professionals for positions of Associates and Senior Associates in its Corporate & Commercial Disputes and Litigation team at the New Delhi office.


Location & Mode of Work

  • Location: Delhi
  • Mode: On-site, Full-time

Position / Vacancies

  • Associate – Corporate & Commercial Disputes & Litigation
  • Senior Associate – Corporate & Commercial Disputes & Litigation
  • Experience Required: 2–5 Years

These openings present an excellent opportunity for candidates aiming to strengthen their career in dispute resolution, corporate litigation, and commercial law practice under the guidance of experienced professionals at one of India’s leading law firms.


Eligibility Criteria

To be considered for these roles, candidates must meet the following requirements:

  • LL.B. degree from a recognized university/institution.
  • 2–5 years of relevant professional experience in litigation and dispute resolution.
  • Demonstrated expertise in corporate and commercial litigation will be an added advantage.
  • Strong command over legal drafting, pleadings, and research.
  • Practical courtroom advocacy skills and ability to represent clients effectively.
  • Ability to handle complex legal matters with minimal supervision.
  • Team-oriented approach and strong interpersonal skills for collaborating with colleagues and clients.

Key Responsibilities

Selected candidates will work as integral members of the Corporate & Commercial Litigation team and will be entrusted with responsibilities such as:

  • Managing corporate and commercial disputes across different judicial forums and tribunals.
  • Drafting and reviewing pleadings, agreements, contracts, and legal opinions with precision.
  • Appearing before courts, tribunals, and regulatory bodies for hearings and proceedings.
  • Assisting in strategizing case approaches in collaboration with senior advocates and partners.
  • Conducting thorough legal research and case analysis to support litigation strategies.
  • Maintaining professional client communication and ensuring updates on case progress.
  • Drafting advisory notes and reports for clients on corporate and commercial dispute matters.

Why Join King Stubb & Kasiva?

KSK offers a stimulating professional environment where associates are encouraged to:

  • Gain exposure to high-stakes corporate and commercial disputes.
  • Work closely with senior lawyers and partners for hands-on learning and mentorship.
  • Enhance courtroom experience by handling appearances and case arguments.
  • Build expertise in multi-jurisdictional matters and complex litigation.
  • Be part of a well-structured career development pathway, with opportunities for growth and recognition.

KSK’s culture combines professionalism with collaboration, making it an ideal workplace for lawyers who value rigorous legal practice, client service, and professional development.


Ideal Candidate Profile

The ideal candidate for this role should:

  • Be self-driven, detail-oriented, and disciplined.
  • Possess excellent written and oral communication skills.
  • Have the ability to manage multiple cases simultaneously while meeting deadlines.
  • Demonstrate sound judgment and problem-solving skills in fast-paced legal environments.
  • Show adaptability and eagerness to learn in challenging circumstances.

Salary & Benefits

  • Salary: Not disclosed (will be commensurate with qualifications and experience).
  • Other benefits may include professional development support, mentorship opportunities, and exposure to a broad spectrum of legal cases.

Application Process

Interested candidates who meet the eligibility requirements are invited to apply by sending their CV to:

Email: ankita@ksandk.com

Subject Line: Application – Associate/Senior Associate (Corporate & Commercial Litigation) – Delhi


Final Thoughts

This is a remarkable opportunity to join King Stubb & Kasiva, a top-tier law firm known for its corporate and commercial litigation expertise. For lawyers with 2–5 years of professional experience, this role promises valuable courtroom exposure, growth opportunities, and a chance to build a strong career foundation in the Indian legal industry.

If you are passionate about litigation and corporate disputes, and you want to be part of a firm that values excellence, professionalism, and integrity, this is the right opportunity for you.

Apply today and take the next step toward a rewarding career with King Stubb & Kasiva (Delhi office).


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