Man Falls From Running Train Due To Sudden Jerk, Dies: Punjab & Haryana High Court Awards 4L Compensation To Bereaved Family

The Punjab & Haryana High Court awarded Rs. 4 Lakh compensation to the family of a man who died after falling from train due to a sudden jerk.Rejecting the contention that the family failed to prove that deceased was "bona fide passenger", the bench of Justice Karamjit Singh said,"it is evident that deceased sustained ante-mortem injuries in a railway accident, as a result of which he died. Thus making it ample clear that untoward incident took place while the deceased was traveling in a train on 13.11.2012, as a result of which the deceased fell from running train in the area between Ambala Cantt. and Dukheri and died at the spot after being crushed under the train."The family was returning to their native place from Ambala Cantt. It was averred that Krishna Ram purchased a sleeper class ticket for his wife and children and a general ticket for himself. While the train was running from Ambala Cantt. and Dukheri, due to sudden jerk given by the train, Ram fell down and sustained multiple injuries and died at the spot.On the next day, when his family de-boarded the train on reaching their destination i.e. Mukama Station, they came to know about the aforesaid untoward incident and they informed the same to the police and the local police after getting information of the incident came into action and the dead body was recovered.Court said Railway authorities failed to prove that the deceased died on account of self-inflicted injuries or committed suicide or died due to his own criminal act or was under the state of intoxication or insanity at the time of incident.The Court was hearing an appeal preferred by the bereaved family against order of Railway Claims Tribunal, Chandigarh which dismissed their claim. The Tribunal had observed that the family failed to prove that the deceased was a bonafide passenger as "no journey ticket was found from the dead body or from nearby the spot of incident by the police".Case Title: Sunna & Ors. v. Union of IndiaCitation: 2023 LiveLaw (PH) 165Appearance: Naveen Gupta, Advocate for the appellants.Mr. Gaurav Pathak, Advocate for the respondent.Click here to download/read the order.

Man Falls From Running Train Due To Sudden Jerk, Dies: Punjab & Haryana High Court Awards 4L Compensation To Bereaved Family

Aiman J. Chishti

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