Patna High Court Directs ₹4 Lakh Compensation For Kins Of Deceased Who Died After Falling From Running Train

The Patna High Court has directed the Railways to award compensation amounting to Rs. 4,00,000/- to the kins of the deceased who died after falling from a running train. Upon placing reliance on the Supreme Court's case of Union of India v. Rina Devi (2019), the bench comprising Justice Sunil Datta Mishra said that once the dependents of the deceased discharged the initial burden of proof through affidavits then the burden will shift on the Railways to disprove the case of the dependent.“The Hon'ble Supreme Court in the case of Rina Devi (supra) has held that mere presence of a body on the Railway premises would not be conclusive to hold that injured or deceased was a bona fide passenger for which claim for compensation could be maintained. However, mere absence of ticket with such injured or deceased would not negative the claim that he was a bona fide passenger. Initial burden would be on the applicant which could be discharged by filing an affidavit on the relevant facts and burden will then shift on Railways and the issue can be decided on the facts shown or the attending circumstances. This will have to be dealt with from case to case on the basis of facts found.”, the court said. The Top Court in Rina Devi's case also observed that death or injury in the course of boarding or de-boarding a train would be an 'untoward incident' entitling a victim to the compensation and will not fall under the proviso to Section 124A merely on the plea of negligence of the victim as a contributing factor. “The right to receive compensation is contained in Section 124 and 124-A of the Railways Act, 1989. Section 124- A of the Railways Act, 1989 provides for payment of compensation to the injured passengers or dependents of a deceased passenger, irrespective of the fact that whether there existed any negligence or default on the part of the Railways or not. The only exception is that the incident should not fall in any of the categories enlisted in the proviso.”, the Court stated. In the present case, the dependents had discharged the initial burden of proof upon filing the affidavits stating that the deceased was run over by another train and the deceased was identified by his wife-claimant, by his photo, clothes, slippers, and tickets. However, the railways had not filed any document in rebuttal or denial of the claim of claimants. Accordingly, the impugned judgment passed by the Railways Claims Tribunal was set aside, and the dependents of the deceased were held entitled to compensation to the tune of Rs.4,00,000/- (Rupees four Lakhs) along with interest @ 6% per annum from the date of filing of the claim application till its realization. The Court directed the Railways to satisfy the amount of compensation within a period of two months from the date of receipt/production of a copy of this order. Appearance: For the Appellant/s : Mr. Krishna Mohan Murari, Advocate For the Respondent : Mr. Anshay Bahadur Mathur, C.G.C. Case Details: Sharwan Kumar Yadav & Ors. Versus Union Of India, Miscellaneous Appeal No.150 of 2014Citation: 2024 LiveLaw (Pat) 65Click here to read/download the judgment

Patna High Court Directs ₹4 Lakh Compensation For Kins Of Deceased Who Died After Falling From Running Train

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Patna High Court Directs ₹4 Lakh Compensation For Kins Of Deceased Who Died After Falling From Running Train

Yash Mittal

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