The Calcutta High Court has awarded ₹8 lakh compensation to the family of a passenger who died after falling from a moving train, reaffirming that the absence of a recovered railway ticket cannot, by itself, defeat a compensation claim under the Railways Act, 1989.
The case arose after the Railway Claims Tribunal rejected the family's claim on the ground that the deceased was not proved to be a bona fide passenger. The Tribunal had relied heavily on the non-recovery of a travel ticket and the absence of direct eyewitness testimony regarding the accident.
On appeal, the Calcutta High Court disagreed with the Tribunal's reasoning. The Court observed that railway accidents often result in loss of personal belongings, including tickets, and therefore claimants cannot be expected to produce documentary proof in every case. The Court emphasized that surrounding circumstances, police records, and other available evidence must be considered holistically.
After examining the material on record, the Court concluded that the deceased was a bona fide passenger who had accidentally fallen from the train. It held that the death qualified as an "untoward incident" under Sections 123(c) and 124A of the Railways Act, 1989.
The High Court consequently set aside the Tribunal's order and directed the Railways to pay statutory compensation of ₹8 lakh to the legal heirs of the deceased. The Court further ordered payment of interest on the compensation amount and directed compliance within the stipulated period.
The ruling reinforces the beneficial nature of railway accident compensation provisions and reiterates that technical deficiencies, such as the absence of a recovered ticket, should not override substantive justice where evidence otherwise establishes bona fide travel.
The judgment is expected to provide guidance for future railway compensation disputes and strengthen the rights of victims' families seeking relief under the Railways Act.