Gujarat HC says absence of train ticket alone cannot defeat accident compensation claim, awards family Rs 8 lakh

NEW DELHI: The Gujarat high court, in a judgment dated July 31, directed the Railways to pay Rs 8 lakh compensation to the family of a man who died after falling from a moving train. Setting aside the tribunal’s order rejecting the claim, the court held that the tribunal had taken a “hyper-technical approach” and wrongly relied on police statements while ignoring evidence that supported the family’s case.The court also said that once a claimant states on affidavit that the deceased was travelling with a valid ticket, the burden shifts to the Railways to prove otherwise.Why did the family approach the high court?According to the court’s order, the deceased was travelling from Ajmer to Bandra Terminus when he allegedly fell from a moving train before it reached Palanpur railway station. His family claimed that he had bought a valid second-class ticket and died because of the fall. They approached the Railway Claims Tribunal seeking compensation under the Railways Act.The tribunal, however, dismissed their claim. It relied on the Divisional Railway Manager’s (DRM) report and certain police statements to hold that the family had failed to prove that the deceased was a bona fide passenger travelling with a valid ticket. Challenging this decision, the family approached the Gujarat high court.Why did the high court rule in favour of the family?Justice J.C. Doshi found that the Railways had failed to produce any oral evidence to show that the deceased was not travelling with a valid ticket. The court said the tribunal wrongly relied on police statements and the DRM report, even though the Railways had not examined the witnesses or proved those documents during the proceedings. It also noted that the post-mortem report clearly showed that the man died because of head injuries caused by falling from a running train.“The Railway Administration did not lead any oral evidence… The post-mortem report… reveals multiple fresh head injuries… the cause of death is… head injury due to fall from running train,” the court said.The court also rejected the suggestion that the injuries were self-inflicted. It observed that the medical evidence did not support such a theory and that the Railways had failed to prove any exception that would allow it to deny compensation under the Railways Act.“In view of the aforesaid expert evidence, the theory of a self-inflicted injury is ruled out,” it added.The high court further criticised the tribunal for rejecting the claim on technical grounds. It observed that the tribunal had misunderstood the law of evidence and ignored the purpose of the Railways Act, which is meant to provide relief to victims. The court also noted that the accident happened during the Covid-19 pandemic, when ticket checking on trains was generally not being carried out.“The learned Tribunal committed a serious error in rejecting the claim on a hyper-technical approach, thereby defeating the very object of a beneficial piece of legislation,” the court noted.Allowing the appeal, the high court set aside the tribunal’s order and directed the Railways to pay the deceased’s family Rs 8 lakh as compensation, along with 9% annual interest from the date of the accident until payment. It directed the Railways to deposit the amount before the Railway Claims Tribunal within eight weeks.