The Bombay High Court recently awarded a compensation of ₹8 lakh to the parents of a young commuter who tragically fell from a crowded Mumbai local train in 2010 [Shri Basir alias Mohd. Ahmed Khan v UOI]..Single-judge Justice Firdosh P Pooniwalla overturned a ruling by the Railway Claims Tribunal which had rejected the plea by the parents on the ground that the deceased was not a bonafide passenger since no valid ticket was found on him.In its order of January 8, the High Court stated that there was sufficient evidence to show that the deceased accidentally fell from the train, making it an 'untoward incident' eligible for compensation under the Railways Act.The Court also noted the evidence that included police reports, medical certificates and affidavits supported the claim that the death was an untoward incident under the Railways Act."In my view, all this evidence, taken together, clearly shows that the deceased son of the Appellants had died due to accidentally falling down from a train at Sandhurst Road," the Court said. .The fatal accident took place on May 8, 2010 when Nasir Ahmed Khan, a daily commuter, fell from a local train while traveling from Wadala to Chinchpokli. The young man, who was holding a valid monthly pass, was severely injured in the fall and later died at a hospital. His parents filed a claim for compensation but their case was initially dismissed by the Railway Claims Tribunal, which cited a lack of sufficient evidence to establish that the incident constituted an "untoward incident" under Section 123(c)(2) of the Railways Act..The tribunal said that the deceased's bonafide passenger status was not established since no ticket or pass was found on him. It further raised doubts regarding the absence of a panchanama at the incident site and the lack of direct involvement by the railway officials. The tribunal concluded that the incident could not be categorized as an untoward accident without corroborative evidence from the railway station.However, the Court took a different view after reviewing the available evidence. It referred to the inquest panchanama and injury report both of which confirmed that the deceased had fallen from the train and sustained injuries consistent with such an accident. "The injury report, the cause of death certificate and the post mortem report, all showed injuries to the head and the body which were clearly consistent with accidentally falling down from the train of the deceased son of the Appellant," the single-judge observed..The Court also rejecting the tribunal's findings that the deceased was not a bonafide passenger status. It emphasised that the absence of the ticket was not sufficient to disprove the passenger’s legitimate status."The appellants had clearly discharged the initial burden to show that the deceased was carrying a valid monthly pass and was a bonafide passenger. The burden then shifted on to the Respondent-Railways to show that the deceased was not carrying any such pass," the Court said..Hence, it directed the Union of India to pay both parents a compensation of ₹4 lakh each. The Court also stipulated that the amount be paid within eight weeks with interest at the rate of 7 percent per annum if the payment is delayed beyond the specified period of eight weeks..Advocates Kunal Bhanage, Akshay Pawar and Priyanka Acharya appeared for the parents.Advocates TJ Pandian, Noorjahan Khan and Gautam Modanwalm appeared for Union of India..[Read Order]
