The Nagpur bench of Bombay High Court has allowed an appeal against a railway claims tribunal order which rejected a claim for compensation by the widow of a man who died in train accident 15 years ago.
Justice RK Deshpande ordered the Railways to pay Rs. 4 lakh as compensation to Mamtarani Shende along with 6% interest to be computed from the date of application for such compensation.
It was stated in the order by the tribunal that the case of the claimants was that the deceased, Shyamrao Shende, was travelling from Nagbhid to Nagpur on July 15, 2002, but ticket No. 02391 found on the person of Shyamrao was from Mahule to Kempalsad.
It was held by the tribunal that the claimants failed to establish that the deceased was a bona fide passenger travelling from Nagbhid to Nagpur in such a train on July 15.
The court noted that Mahule and Kempalsad are the places on the railway route from Nagbhid to Nagpur. Also, it is not in dispute that spot panchnama was prepared, which clearly indicate that the body of deceased Shyamrao was found lying on the said track at Mahule.
Justice Deshpande observed: “Once the fact that the deceased boarded the train at Mahule on the basis of the ticket found on the person of the deceased is established, his travel on Nagbhid-Nagpur railway route is established. The tribunal has, therefore, committed an error in holding that the claimants have failed to establish that the deceased died in an untoward incident. The claim petition, therefore, needs to be allowed.”
The court quashed and set aside the railway tribunal order and gave the Railways two months in order to pay the total compensation.
Read the Judgment here.