Mumbai: In a significant ruling reinforcing the rights of train accident victims, the Bombay High Court has held that a commuter who died in a railway mishap in 2012 was a bona fide passenger, even though no ticket was found on him.
The court directed the Union of India to pay his family Rs 4 lakh compensation with 6% annual interest, subject to a total cap of Rs 8 lakh, to be divided equally among the four legal heirs.
Court Sets Aside Tribunal Order
Justice Jitendra Jain, on October 7, allowed the appeal filed by Vijay Gondake’s wife and children, while setting aside the Railway Claims Tribunal’s order. On January 31, 2018, the tribunal rejected their claim holding that the deceased was not a genuine passenger, citing the absence of a ticket and the claim that he was trespassing on the tracks when hit by a train.
Deceased Held Monthly Pass, Says Court
The deceased, a government employee working in the Post Office, was travelling home from Grant Road to Shahad via Dadar on October 29, 2012, when he fell between Kanjurmarg and Bhandup stations. He succumbed to his injuries a few days later, on November 4, 2012. His family sought Rs 4 lakh in compensation, but the tribunal dismissed their plea, terming the death an act of “negligence”.
Disagreeing with the tribunal, Justice Jain said, “It is incomprehensible that a government employee would be travelling to his workplace and back home without any ticket.”
He added that the deceased’s wife had clearly deposed that he held a monthly pass, and the minor inconsistency in using the words “ticket” and “pass” could not discredit her testimony.
“The phrases ’monthly pass’ and ‘ticket’ are used interchangeably in Mumbai and when in the cross-examination it is stated that he was having a second class ticket, it cannot be inferred that he was travelling without ticket,” the court said.
Tribunal Findings Termed ‘Perverse’
The judge also questioned the Station Master’s report, which claimed the man was hit by a train while trespassing. “If there are no eye witnesses, then how could the Station Master have certified that he was hit by an unknown train while trespassing?” the court asked, noting the absence of any statement from the motorman or medical expert.
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Calling the tribunal’s findings “perverse,” the HC concluded that the deceased had indeed fallen from a moving train, an “untoward incident” under the Railway Act.
Railways Directed To Pay Within 8 Weeks
The court directed the Railways to deposit the compensation within eight weeks of receiving the appellants’ bank details.
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