Railways Can't Deny Compensation Saying Accident Victim Boarded Wrong Train : Supreme Court

The Supreme Court recently ordered a payment of compensation worth Rs. 8 Lakhs, with 9% to the parents of the deceased who died in a railway accident after mistakenly boarding a wrong train. The Railways built its entire defence on an allegation of negligence to discredit the deceased's parents' plea for compensation under Section 16G of the Railway Claims Tribunal Act, 1987 (“Act”). It contends that although the deceased held a valid ticket from Satna to Maihar in Madhya Pradesh, he had mistakenly boarded a train that did not halt at Maihar. According to the Railways, upon realising this, the deceased attempted to deboard the moving train at Maihar Station, sustained fatal injuries, and therefore the resulting death was attributable to his own act Rejecting the Railway's defence, a bench of Justices Aravind Kumar and NV Anjaria said “merely because the deceased had boarded a wrong train, it cannot be construed that he was not a bona fide passenger so as to absolve the railway authorities from contending that deceased not being a bona fide passenger.” The Court further questioned the Railway's defence, stating that no evidence was supplied by the Railway to prove the deceased's negligence, and said “no sane person could have attempted to deboard or alight from a running train that too an express train.” “The railway authorities have taken a plea in the written statement in paragraph 3 that the deceased had jumped off the train, namely, had alighted at the station where he intended to alight, is a plea without proof. Having raised such a plea, it was incumbent upon the railway authorities to prove the same. However, the DRM Report is also silent on this aspect. For these reasons we are unable to accept the contention of learned ASG. The two members of the tribunal have rightly held that the railway authorities are required to pay the compensation.”, the court held. Accordingly, the appeal was allowed, and the Respondent-Railway is directed to disburse the compensation amount within three months from the date of the order. Cause Title: SHRIKUMAR GUPTA & ANR. VERSUS UNION OF INDIACitation : 2025 LiveLaw (SC) 1115Click here to read/download the orderAppearance: For Petitioner(s) : Mr. Talha Abdul Rahman, AOR Ms. Rupali Samuel, Adv. Mr. M Shaz Khan, Adv. Mr. Sudhanshu Tewari, Adv. Ms. Aditi Soni, Adv. Mr. Rafid Akhter, Adv. Mr. Faizan Ahmed, Adv. For Respondent(s) : Mr. Brijender Chahar, A.S.G. Mr. B.K.Satija, Adv. Mr. Yashraj Bundela, Adv. Mr. Anuj Srinivas Udupa, Adv. Mr. Dheeraj Jain, Adv. Ms. Mili Baxi, Adv. Mr. Amrish Kumar, AORRelated- Railway Accident Claims Not Criminal Trial For Proof Beyond Reasonable Doubt; Avoid Hypertechnical Approach : Supreme Court

Railways Can't Deny Compensation Saying Accident Victim Boarded Wrong Train : Supreme Court

Yash Mittal

Tags