Mumbai, September 28, 2026: The Bombay High Court has held that the Railways cannot deny compensation merely by relying on an internal report suggesting that a passenger was trespassing on the tracks, particularly when there is no eyewitness or other evidence to support the claim.
Justice Aarti Sathe made the observation while directing the Railways to pay Rs 8.14 lakh to the parents of a 26-year-old man who died in 2015 after being found injured between Ghansoli and Rabale railway stations.
The court said the evidence, including an inquest panchnama and a railway ticket found on the deceased, supported the case that he had fallen from a running local train.
Parents Challenge Tribunal Order
The court was hearing a compensation claim filed by the parents of Rahul Waman Suryawanshi, who was employed with the Maharashtra Industrial Development Corporation and was the sole breadwinner of his family.
According to the case, Suryawanshi had boarded a local train from Ghansoli towards Airoli on March 22, 2015. He was later found injured near kilometre 43/4 between Ghansoli and Rabale. He was taken to a municipal hospital in Vashi, where he was declared dead.
The Railways had opposed the claim, relying on a Divisional Railway Manager’s report and a Station Master’s memo. The documents stated that an unidentified person had been hit by a train while trespassing on the tracks.
Court Questions Trespassing Claim
The Railway Claims Tribunal accepted this version and rejected the parents’ claim in 2019. The parents then approached the High Court, challenging the order.
Justice Sathe noted that there was “absolutely no eyewitness” to prove that Suryawanshi was crossing the tracks when he was hit. The court also referred to the inquest panchnama, which recorded that he had “fallen down from unknown local train”. A railway ticket was also found on his body.
The court said the DRM report only suggested that the incident “might have” occurred while the deceased was crossing the tracks. It held that the report could not be treated as conclusive evidence, especially when it was not supported by independent material.
Rs 8.14 Lakh Compensation Ordered
The High Court further held that accidental falling from a passenger train amounts to an “untoward incident” under Section 123(c)(2) of the Railways Act. It said the Tribunal had adopted a “narrow and erroneous interpretation” of the law.
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The court set aside the Tribunal’s order and directed the Railways to pay Rs 8,14,641 to Suryawanshi’s parents in equal shares. The amount is to be deposited in their bank accounts within eight weeks.
The court also directed that any delay in payment would attract additional interest at 9% per annum.
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