Court overturns tribunal decision, grants Rs. 3 lakhs to family of deceased railway employee with interest.
In a significant judgment, the Bombay High Court has ruled in favor of the appellant, Seetabai Pandharinath Temghare, by recognizing her deceased husband as a bonafide passenger and awarding compensation. The decision, delivered by Justice Jitendra Jain, overturns the previous order of the Railway Claims Tribunal, which had dismissed the claim on the grounds that the deceased was not a bonafide passenger due to incomplete details on his travel pass.
The deceased, a railway employee, tragically lost his life after falling from an Express train between Khandala and Monkey Hill. While the tribunal had acknowledged the incident as an accidental fall, it denied the claim of the deceased being a bonafide passenger due to the absence of journey details on his privilege pass.
The court clarified that under the Railways Act, 1989, and the Railway Servants (Pass) Rules, 1986, a valid privilege pass entitles railway employees to free travel. Justice Jain emphasized that non-endorsement or incomplete details on the pass do not automatically disqualify an employee from being considered a bonafide passenger unless there is evidence of misuse or exceeding entitlement.
Despite the absence of travel details on the pass, the court held that the benefit of the doubt should be given to the deceased, as there was no indication of misuse or violation of pass entitlement. Citing precedents from the Andhra Pradesh High Court and other High Courts, the judge concluded that such omissions should not lead to a denial of compensation, although it warranted a reduction.
The court awarded Rs. 3 lakhs in compensation, with a 6% per annum interest from the date of the accident, subject to a maximum cap of Rs. 8 lakhs. The court also instructed the appellant to amend the original application to include the children of the deceased as beneficiaries and directed the respondent, the Union of India, to distribute the compensation equally among the dependents.
This judgment underscores the judiciary's balanced approach in addressing technical omissions while ensuring justice for the families of railway employees who meet with untoward incidents.
Bottom Line:
Railway employee traveling with a valid privilege pass under the Railway Servants (Pass) Rules, 1986, cannot be denied the status of a bonafide passenger merely due to non-endorsement or incomplete details on the pass unless misuse or violation of entitlement is established.
Statutory provision(s): Railways Act, 1989 Section 124A, Railway Servants (Pass) Rules, 1986
Seetabai Pandharinath Temghare v. Union of India, (Bombay) : Law Finder Doc id # 2841426
