Court holds that death due to fall from running train is an untoward incident under Railways Act; mere non-recovery of ticket does not negate bona fide passenger status
In a significant judgment dated October 13, 2026, the Calcutta High Court, presided over by Justice Biswaroop Chowdhury, allowed an appeal filed by Sudama Mahato and another against the Union of India, directing the Railway Authority to pay Rs. 8,00,000 as compensation for the death of their kin in a railway accident. The Court set aside the earlier order of the Railway Claims Tribunal, which had dismissed the claim on grounds that the accident and bona fide travel were not proved.
The case arose from a tragic incident on July 16, 2022, when the deceased, Sharawan Kumar, was traveling by train from Brace Bridge to Budge Budge. According to the appellants, the victim fell from the running train near Akra and Nangi stations due to overcrowding and sustained fatal injuries, succumbing to them at SSKM Hospital on July 18, 2022. The appellants claimed compensation under Section 124A of the Railways Act, 1989, which provides for compensation in the event of death caused by an untoward incident on railway premises.
The Railway Claims Tribunal had rejected the claim, holding that the appellants failed to prove the untoward incident and the bona fide passenger status of the deceased, primarily citing the non-recovery of the victim's ticket and absence of certain contemporaneous railway records.
However, on appeal, the High Court examined the evidence comprehensively. It noted the unshaken testimony of Munna Kumar Mahato, a co-passenger who accompanied the victim, who testified that the deceased had purchased a return ticket and was traveling bona fide. The Court also relied on corroborative material including the police inquest report under Section 174 CrPC, post-mortem report confirming injuries consistent with a fall from a moving train, and local eyewitness accounts recorded by the railway police.
The Court emphasized that under the Railways Act, claimants are not required to prove their case beyond reasonable doubt but on the preponderance of probabilities. It held that the absence of a ticket found on the victim after the accident does not negate the claim of bona fide travel, especially when the victim's wallet and ticket were not recovered. Citing precedents such as Union of India v. Rina Devi and Kamukayi v. Union of India, the Court reaffirmed the principle that beneficial railway claim legislation should be construed liberally in favor of victims' families.
The judgment directed the Railway Authority to deposit the awarded compensation with 6% interest per annum from the date of filing the claim until the date of the order, within eight weeks. The appellants will be entitled to withdraw the amount after fulfilling necessary formalities.
This ruling reinforces the protective intent of railway compensation laws and clarifies evidentiary standards, ensuring that victims and their families receive due benefits without onerous proof requirements.
Bottom Line:
Railways Act, 1989 - Claim for compensation for death in untoward incident - Mere non-recovery of journey ticket is not fatal - Oral evidence of co-passenger, police records, post-mortem report and surrounding circumstances can establish bona fide travel and accidental fall from running train on preponderance of probabilities - Railway Claims Tribunal order dismissing claim set aside and compensation awarded.
Statutory provision(s):
Railways Act, 1989 Sections 123(c)(2), 124A; Code of Criminal Procedure, 1973 Section 174
Sudama Mahato @ Sudhama Mahato v. Union of India, (Calcutta) : Law Finder Doc Id # 2997151
