Supreme Court Upholds Tribunal's Rejection of Railway Death Claim: Lack of Proof of Bonafide Travel and Untoward Incident.


23 April 2025 Evidence >> Criminal Law  

The appellant filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the Railway Claims Tribunal's (Tribunal) dismissal of his claim for compensation. The claim sought compensation for the death of his son, who allegedly died in an untoward incident involving the Northern Railway.

The appellant's case was that his son was traveling on the North East Express train with a valid ticket on 08.11.2011. Due to overcrowding near Ara Junction, his son accidentally fell from the moving train near Banhai Station and died. The appellant stated that the ticket was lost during the incident.


 

 

The Northern Railway denied the claims, asserting that the deceased was not a bona fide passenger and the death was not due to an untoward incident.

The Tribunal framed issues including jurisdiction, whether the deceased was a bona fide passenger, whether the death was due to an untoward incident, and the appellant's dependency. The appellant presented his own testimony, while the Railway submitted a CMI report.

The Tribunal dismissed the claim, finding no evidence to support the appellant's assertion that his son was a bona fide passenger on the train. The Tribunal noted that the appellant's knowledge was based on hearsay and that the severe mutilation of the body, found in the middle of the down line track, was inconsistent with an accidental fall from a train, suggesting instead being run over while crossing or suicide.

The Supreme Court upheld the Tribunal's decision. It highlighted that the deceased's body was found on the track a significant time after the train had passed, and no railway staff or passengers witnessed any untoward incident. Furthermore, no ticket was found on the deceased. The Supreme Court concurred with the Tribunal's finding that there was no tangible evidence to prove the deceased was traveling by the specified train with a valid ticket, thus absolving the Railways of liability for compensation.


Section 23, Railway Claims Tribunal Act - 1987  

Railway Claims Tribunal Act, 1987