Court holds absence of ticket from deceased's body insufficient to deny compensation; affirms death due to accidental fall from running train as untoward incident under Railways Act
Ranchi, September 29, 2026: In a significant judgment delivered by Justice Sanjay Kumar Dwivedi of the Jharkhand High Court, the court overturned a Railway Claims Tribunal's dismissal of a compensation claim arising from a tragic train accident. The court awarded Rs. 8,00,000 to the legal heirs of the deceased passenger, Banmali Gope, with interest at 6% from the date of application till the date of the award.
The case stemmed from an incident on September 1, 2017, when the deceased allegedly fell from the Tata Barbil passenger train near Kendposi railway station due to overcrowding and jostling inside the bogie. The deceased, traveling from Jhinkpani to Kendposi, was reportedly pushed and lost balance as the train approached the station, resulting in a fatal fall. Despite the absence of a ticket found on the deceased's body, the court accepted the claimants' evidence, including the testimony of the deceased's brother who had purchased the ticket and accompanied him to the station.
The Railway Claims Tribunal had rejected the claim primarily on the ground that no ticket was recovered from the body and raised doubts about the timing and circumstances of the death. The Tribunal also emphasized the mutilated condition of the body and the lack of corroboration from a co-passenger. However, the High Court found these grounds to be "hyper-technical" and inconsistent with the overall evidence.
The Court extensively reviewed the statutory provisions under Sections 123(c)(2) and 124A of the Railways Act, 1989, which provide for compensation on a no-fault liability basis for untoward incidents involving bona fide passengers. It held that mere absence of a ticket does not negate the status of the deceased as a bona fide passenger when surrounding circumstances and affidavits demonstrate ticket purchase and travel on the train. The court relied on precedents from the Supreme Court, including Union of India v. Rina Devi (2019) and Jameela v. Union of India (2010), which emphasize a liberal and purposive interpretation of welfare statutes like the Railways Act to protect passengers' rights.
Importantly, the Court clarified that the incident constituted an accidental fall and not suicide, self-inflicted injury, or any other statutory exception that would bar compensation. It underscored the principle that the Railways' liability arises regardless of negligence by the victim, in line with the "no fault theory" of compensation under Section 124A.
Addressing the quantum of compensation, the Court directed that the amount payable should be the higher of the sum applicable on the date of the accident or the date of the award. Following this principle, the deceased's heirs were granted Rs. 8,00,000 along with interest at 6% from the date of the claim application till the award.
This judgment reiterates the judiciary's commitment to interpreting passenger compensation laws with a focus on social justice, especially for economically vulnerable railway travelers. It warns against rigid, technical approaches that could unjustly deprive victims or their families of statutory benefits.
The Railway Claims Tribunal's order dated September 12, 2023, was thus set aside, and the appeal allowed in favor of the claimants.
Bottom Line:
Railways Act - Untoward incident - Mere absence of ticket from body of deceased is not sufficient to deny compensation when claimants prove by affidavit, surrounding circumstances and evidence that deceased was a bona fide passenger and died due to accidental fall from running train - Tribunal taking hyper-technical view set aside - Compensation of Rs. 8,00,000/- with interest @ 6% from date of application till date of award granted.
Statutory provision(s): Railways Act, 1989 Sections 123(c)(2), 124A; Railway Claims Tribunal Act, 1987 Section 23(1); Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 Rule 3 Schedule II
Baijanti Gope v. Union of India, (Jharkhand) : Law Finder Doc Id # 3004102
