Nagpur: A Bench of Bombay High Court at Nagpur Appellate side ruled that Railways cannot deny compensation if the person was travelling with a valid ticket met with an accident leading to his death.
The Nagpur Bench also rejected the contention of the Railway Claims Tribunal for denying compensation to the family of the deceased passenger. Once it is duly established that they were bonafide passengers, it was the Railway who had to rebut evidence by providing proper evidence that the deceased did not meet their norm. The order passed by the Tribunal is not only perverse but contrary to the aims and objectives of the beneficial legislation of compensation to the victims of railway accidents. The order is totally erroneous, unjustifiable, cannot sustain in the eye of law and liable to be set aside, said Justice Mukulika Jawalkar.
Gold Rate
29 April 2025
According to the Buldhana based petitioners, including Kavita Gavai, her in-laws, children, and her husband Shailesh were travelling on a valid ticket in Karnataka Express on October 17, 2017, from Daund to Itarsi. When the said train was passing from Jalgaon, the deceased was heading to the washroom. Suddenly, the train received a jerk due to which Shailesh fell from the running train. Co-passengers rushed him to hospital, but he succumbed to injuries.
The respondent opposed the claim contending that the deceased was not a bonafide train passenger as he was travelling in sleeper coach on a general ticket and his death was not caused in an untoward incident. He pointed out that their claim is not maintainable as the incident is not covered under Section 123(c) or Section 124 A of the Railways Act.
The tribunal has not properly appreciated the timing of admission and also not appreciated the fact that the death certificate and police report also show the deceased fell down from the train and, therefore, the relatives had to alight from the train to save their companion. It is always the prime duty to save the life of the victim who suffered injuries rather than concentrate on technical aspects. The tribunal totally failed to appreciate evidence and went on observing contrary to the record, Justice Jawalkar said.
By quashing the tribunal’s order, the respondent Central Railway’s General Manager, has been ordered to pay Rs 8 lakh compensation within three months to the family with 6% rate of interest per annum from the date of filing the petition in 2018.
Advocate Sumesha Chaudhari pleaded on behalf of appellants whereas Advocate Neerja Chaubey handled respondent side.
