New Delhi: The Supreme Court has said the absence of recovery of a train ticket from a deceased passenger cannot result in defeating the compensation claim, as it restored the payout awarded to the parents of a man who died after falling from a moving train in Gujarat in 2017.
A bench of Justices Ujjal Bhuyan and AS Chandurkar set aside the order of the Gujarat High Court rejecting the compensation awarded to the parents of Maheshbhai, who died falling off the general compartment following a sudden jerk and jolt while travelling to Surat via Ahmedabad on September 27, 2017.
The bench on Friday said, “The high court gave undue importance to the absence of the railway ticket without taking into consideration the statement made on oath by the victim’s father and the fact that the victim had been hospitalised for a period of more than one month. On the preponderance of probabilities, it can be concluded that the victim was a bona fide passenger and that absence of recovery of his ticket cannot result in defeating the claim for compensation.”
On June 17, 2022, the Railways Claim Tribunal held that Maheshbhai was the victim of an ‘untoward incident’ and suffered an accidental fall, and his parents, who are the claimants, were held entitled to compensation of Rs 8 lakh along with interest at the rate of nine per cent per annum from the date of the incident till the date of the order.
The bench said the incident occurred on September 27, 2017, which left the victim with grievous injuries and was thereafter hospitalised for a period of over a month.
“He, however, succumbed to his injuries on October 31, 2017. In normal course, when the victim was undergoing medical treatment, it is quite unlikely that the railway ticket would have been preserved by the claimants,” it said.
The bench said the railways failed to discharge the burden that shifted on them in view of the claimant’s statement on oath and taking an overall view of the matter, the tribunal proceeded to hold that the victim was a bona fide passenger and that absence of the ticket could not be held against the claimants.
It said the parents of the deceased had pleaded that the victim’s ticket, handkerchief, wristwatch, comb and cash of Rs 800-900 were lost, and the victim’s father, having deposed on oath that his son had purchased the ticket, resulted in the initial burden being discharged by the claimants and it was up to the Railways to rebut the same.
“The witnesses examined by the railways failed to check the pockets of the victim. In these circumstances, we are of the view that the Tribunal was justified in concluding that the victim was a bona fide passenger,” it said.
The bench noted that after the parents of the deceased filed the claim application before the tribunal, the authorities prepared the investigation report.
“This report was ultimately prepared on May 17, 2018, which is about seven months from the untoward incident. Delay in conducting the inquiry could not be attributed to the claimants and the Railways cannot seek to take advantage of the delay on their part in preparing the investigation report,” it said.
The bench said the court is inclined to ignore the said investigation report and it cannot come in the way of the claimants in receiving compensation.
“Thus, considering the entire material on record, we are satisfied that the Tribunal had rightly granted compensation to the claimants under Section 124-A of the Act of 1989. The high court was not justified in reversing the said award on the ground that the claimants could not produce the ticket on which the claimant was travelling,” it said.
It directed that the Rs 8 lakh award given by the Railways Claim Tribunal dated June 17, 2022 be restored to the parents of the deceased and be given to them within thirty days.
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