Court Reverses Tribunal's Judgment, Citing Victim as Bona Fide Passenger in Untoward Incident
In a landmark decision, the Calcutta High Court has reversed a previous judgment by the Railway Claims Tribunal, awarding Rs. 8 lakh in compensation to the family of a deceased victim in a railway accident case. The judgment, delivered by Justice Biswaroop Chowdhury on June 30, 2026, pertains to the tragic death of an individual identified in the case of Rumpa Mallick and others versus Union of India, where the court recognized the incident as an "untoward incident" under the Railways Act, 1989.
The incident occurred on October 1, 2018, when the victim, traveling from Baidyabati to Belur, fell from the train between Rishra and Serampore stations. The family of the deceased had initially approached the Railway Claims Tribunal, which dismissed their claim citing the absence of a valid journey ticket with the deceased at the time of the accident. However, the High Court's recent judgment overturned this decision, emphasizing the importance of police reports and affidavits in establishing the victim's status as a bona fide passenger.
Justice Chowdhury highlighted that the absence of a journey ticket does not automatically negate a compensation claim under Section 124A of the Railways Act, 1989. The court stated that the initial burden of proof lies with the claimant, which can be discharged through affidavits or relevant evidence. Once this burden is met, it shifts to the Railways to rebut the claim. The High Court found that the appellants successfully established the victim's bona fide passenger status through police reports indicating the recovery of a journey ticket from the deceased's possession.
The court also dismissed the Railway Authority's argument based on discrepancies between police and railway reports, affirming the credibility of the police investigation. It emphasized that claimants are not expected to produce eyewitnesses in such cases, especially when incidents occur in isolated locations.
The judgment sets a significant precedent in railway accident compensation claims, stressing the evidentiary value of police reports and the necessity for railway authorities to conduct thorough investigations. The Union of India has been directed to deposit the compensation amount along with interest at a rate of 6% per annum from the date of the claim filing until payment is made.
Bottom line:-
Railways Act, 1989 - Section 124A - Compensation for untoward incidents - Mere absence of ticket with deceased will not negate claim - Initial burden on claimant to establish bona fide passenger status, which shifts to Railways upon prima facie discharge.
Statutory provision(s): Railways Act, 1989 - Section 124A
Rumpa Mallick v. Union of India, (Calcutta) : Law Finder Doc id # 2932498
