In a significant ruling, the Bombay High Court has directed Western Railway to pay compensation to the parents of a young commuter who died after falling from a crowded Mumbai local train in June 2009
near Jogeshwari station. Delivering the judgment, Justice Jitendra Jain held that the Railway Claims Tribunal had “gravely erred” by failing to consider key evidence presented in the case.
The court ordered Western Railway to pay Rs 4 lakh as compensation, along with 6% annual interest from the date of the accident. However, the total payout has been capped at Rs 8 lakh. The court further directed that the amount be disbursed within 12 weeks after the parents file their claim.
The case dates back to June 2009, when the victim fell from a crowded local train travelling towards Churchgate. He succumbed to his injuries within six hours at a civic hospital.
Eyewitness Account Strengthens Case Of Accidental Fall
A crucial aspect of the ruling was the court’s reliance on the testimony of the victim’s companion, who witnessed him falling due to overcrowding in the moving train. The High Court noted that this evidence clearly pointed to an accidental fall rather than any other cause.
Ordinarily, such a lapse in evaluating evidence would have led to the case being sent back to the tribunal. However, considering the prolonged delay since 2009, the court chose to examine the evidence itself to avoid further litigation.
Tribunal’s Earlier Rejection Overturned
According to a report in The Times Of India, the victim’s parents, Rayappa and Victorya Chetiyar, had approached the High Court in 2017 after the tribunal rejected their claim. The tribunal had ruled that the deceased was not a bona fide passenger and that the incident did not qualify as an “untoward incident” under the Railways Act, thereby denying compensation.
However, the High Court found this conclusion flawed. It observed that two valid tickets from Goregaon to Churchgate were recovered from the deceased, contradicting the tribunal’s finding that he was travelling without a ticket.
Railways’ Trespassing Claim Rejected By Court
Western Railway had argued that the man died while trespassing and crossing the tracks, a claim accepted by the tribunal. It stated that pedestrians commonly used the location for crossing and that the body was found under a train on a fast track.
The High Court, however, dismissed this argument, citing lack of concrete evidence. It emphasised that the fact that the area was known for trespassing did not prove that the victim had been crossing the tracks.
The court also pointed out inconsistencies in the Railways’ case, noting the absence of details such as the train number. Given the precision with which train movements are recorded, the court said such information should have been available, especially since the body was found near Platform 3.
