Absence Of Railway Ticket On Deceased After Fatal Accident Can't Negate Legitimacy Of Compensation Claim: Delhi High Court
The Delhi High Court has reiterated that absence of train journey ticket on the deceased person after the fatal incident cannot, by itself, negate the legitimacy of the claim for compensation. Justice Dharmesh Sharma said that the legitimacy of the claim cannot be rejected especially when credible evidence exists of ticket purchase prior to the journey. The Court granted relief to a...
The Delhi High Court has reiterated that absence of train journey ticket on the deceased person after the fatal incident cannot, by itself, negate the legitimacy of the claim for compensation.
Justice Dharmesh Sharma said that the legitimacy of the claim cannot be rejected especially when credible evidence exists of ticket purchase prior to the journey.
The Court granted relief to a family challenging an order passed by the Railway Claims Tribunal, Principal Bench, Delhi, dismissing their claim for statutory compensation on account of death of their son.
It was their case that their son was travelling along with his sister and nephew from Mahoba to Hazrat Nizamuddin in 2017 in Jabalpur- Nizamuddin Mahakaushal Express with valid train tickets.
It was stated that when the train reached the Bhandai Railway Station, near Agra, the deceased accidentally fell down from the train and received grievous injuries all over his body. He succumbed to his injuries later in a hospital.
It was submitted that the Tribunal failed to appreciate the evidence on record and erroneously concluded that the deceased was not a bonafide passenger at the time of incident.
Disposing of the plea, Justice Sharma observed that the reasons given by the Tribunal were absolutely unconscionable and perverse and concluded that the deceased was a bonafide passenger as per section 2 (29) of Railway Claims Tribunal Act, 1987.
The Court said that in the absence of any explicit stipulation on the face of the ticket or any statutory prescription to the contrary, it cannot be presumed that the validity of the journey ticket expired at midnight.
“Acceptance of such an interpretation would result in grave prejudice to the passengers who undertake late-night travel. This clearly brings the case within the four corners of being an 'untoward incident'. At the cost of the repetition, the respondent/railway cannot absolve themselves of their liability in terms of Section 124A of the Act,” the Court said.
The Court allowed the appeal and said that the deceased family was entitled to a statutory compensation of Rs. 8 lakh, payable with interest of 12% per annum from the date of accident till its realization.
Title: SH. KAMTU ANURAGI & ANR v. UNION OF INDIA
Citation: 2025 LiveLaw (Del) 648