Mumbai: More than 14 years after their son died tragically after falling off a crowded train, the Bombay High Court has directed the Railways to pay compensation of Rs 8 lakh within eight weeks.
Observation Made By The Court
The court observed that there was sufficient evidence to show that the deceased accidentally fell from the train, making it an ‘untoward incident’ eligible for compensation under the Railways Act. It noted that the evidence – police reports, medical certificates and affidavits – supported the claim that the death was an untoward incident under the Railways Act.
“In my view, all this evidence, taken together, clearly shows that the deceased son of the appellants had died due to accidentally falling down from a train at Sandhurst Road,” Justice Firdosh Pooniwalla said on January 8.
About The Case
On May 8, 2010, Nasir Khan, who had a valid monthly pass, fell from a local train while travelling from Wadala to Chinchpokli. He fell off near Sandhurst Road station, from where the passengers rushed him to JJ Hospital, where he succumbed to injuries. His parents, Basir and Amina Khan, approached the Railways Claims Tribunal which rejected their plea on July 24, 2014, on the ground that their son was not a bonafide passenger as no valid ticket was found on him. Also, there was not sufficient evidence to show that Nasir fell from the train, hence the same cannot be termed as an “untoward incident” under Section 123(c)(2) of the Railways Act.
The parents challenged this before the High Court. The high court, however, noted that the inquest ‘panchnama’ and the injury report confirm that Nasir fell from the train and sustained injuries consistent with such an accident.
“The injury report, the cause of death certificate and the post-mortem report, all showed injuries to the head and the body which were clearly consistent with accidentally falling down from the train of the deceased son of the appellant,” Justice Pooniwalla noted.
Rejecting the tribunal’s finding that Nasir was not a bonafide passenger, the HC said that the absence of the ticket was not sufficient to disprove the passenger’s legitimate status. “The appellants had clearly discharged the initial burden to show that the deceased was carrying a valid monthly pass and was a bonafide passenger. The burden then shifted on to the Respondent-Railways to show that the deceased was not carrying any such pass,” the court underlined.
“In my view, all this evidence, taken together, clearly shows that the deceased son of the appellants had died due to accidentally falling down from a train at Sandhurst Road,” Justice Pooniwalla observed while directing the Railways to pay Rs 4 lakh each to both the parents within eight weeks, failing which interest at the rate of 7% would be payable for the delay.