10 Yrs On, Delhi High Court Directs Railways To Pay ₹8 Lakh Compensation To Man Whose Leg Was Amputated After Falling From Train

The incident was a result of a heavy jerk on the train due to which the Appellant lost his balance and fell out of the allegedly overcrowded general compartment.

He had approached the High Court in appeal after the Railways Claim Tribunal rejected his claim for compensation in 2017.

Justice Dharmesh Sharma observed,

“There is no material on the record to suggest that the appellant/claimant was trying to board or deboard the said express train. The testimony is categorical that he fell out due to the commotion and sudden jerk after loosing his balance and sustained injuries…The plea that the injuries were suffered by the appellant/claimant due to his own criminal negligence is also not fathomable in law…It was clearly a case of the appellant/claimant sustaining injuries in an 'untoward incident'.”

The Tribunal had rejected the claim after the Divisional Railway Manager (DRM) submitted that the injuries were suffered by the Appellant due to his own negligence as he was trying to board a super-fast train to Bhopal and lost balance in the process.

The High Court however held there was no evidence to support this claim. It said,

“the DRM Report dated 10.05.2016, exhibit R-1, is neither here nor there and lacks credence. It sets out divergent versions about the incidents…No witness has been examined by the Railways to suggest that the appellant/claimant was trying to board or deboard the running super-fast train. 15. In view of the above, this Cout has no hesitation in holding that the reasons given by the learned RCT in rejecting the claim are absolutely perverse.”

The High Court also relied on Appellant's Monthly Season Ticket which backed his claim that he boarded the train from Faridabad, which was his daily route to commute to his place of work at Delhi.

Accordingly, it held that Appellant is entitled to compensation of ₹8 lakhs with 12% interest from the date of accident till its realization.

Appearance: Mr. D. Sabharwal & Mr. Shiv Kumar, Advs for Petitioner; Ms. Jatinder Kaur, SPC.

Case title: Varun Jindal v. Union of India

Citation: 2025 LiveLaw (Del) 512

Case no.: FAO 275/2017

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