Bombay HC Awards ₹8 Lakh Compensation for Mumbai Local Accident Death.

Case Overview*

In a significant ruling, the Bombay High Court awarded ₹8 lakh compensation to the parents of a young man who tragically fell from a crowded Mumbai local train at Sandhurst Road in 2010. The victim’s parents had filed a claim under the Railways Act, alleging that the incident was an "untoward incident" qualifying for compensation. However, the Railway Claims Tribunal had rejected their plea, arguing that the deceased was not a bona fide passenger as no valid ticket was found on him.

Court Analysis

Justice Firdosh P. Pooniwalla reviewed the evidence presented, including police reports, medical certificates, and affidavits. The Court emphasized that the absence of a ticket alone could not negate the claim, especially when substantial evidence indicated that the death was accidental and occurred during a train journey.

The Court noted that:

Police reports confirmed the location and circumstances of the accident.
Medical certificates established that the injuries were consistent with a fall from a moving train.
Affidavits from witnesses and family corroborated the claim of accidental death.
Justice Pooniwalla concluded that the incident qualified as an "untoward incident" under Section 123(c) of the Railways Act, entitling the victims’ family to compensation.

Judgment

On January 8, 2025, the High Court overturned the Railway Claims Tribunal's decision and granted ₹8 lakh as compensation to the deceased's parents. The Court affirmed that the evidence collectively proved the accidental nature of the incident and clarified that the absence of a ticket did not invalidate the claim.

The ruling serves as a precedent, reinforcing the principle that victims of railway accidents are entitled to compensation if sufficient evidence supports their claims, irrespective of the possession of a valid ticket.