Justice After 17 Years: Bombay HC Compensates Family for 2008 Ganesh Festival Tragedy
In a significant ruling, the Bombay High Court has directed the Western Railway to pay compensation of Rs 8 lakh to the parents of a 17-year-old boy who died after falling from a crowded train during the Ganesh festival visit to Lalbaug in 2008. The judgment, delivered on Friday, November 21, 2025, sets aside a 2016 order by the Railway Claims Tribunal that had rejected the family's plea for compensation.
The Tragic Incident and Legal Battle
The case revolves around the death of Jaideep Tambe, who was travelling with friends from Jogeshwari to Lower Parel on the night of September 5, 2008 to visit Lalbaug during the popular Ganesh festival. Due to extreme crowding, Tambe fell from the train between Elphinstone (now Prabhadevi) and Lower Parel stations.
His friends, all aged 17-18 years, immediately rushed back to the spot where he fell and took him to the civic-run KEM Hospital. Tragically, he was declared dead on arrival. The postmortem report confirmed head injuries consistent with a fall from a moving train.
Court's Reasoning and Railway Tribunal's Stand
The Railway Claims Tribunal had rejected the compensation plea in 2016, citing lack of proof that Tambe was a bona fide passenger and absence of any official record of an 'untoward incident' since the friends hadn't informed railway authorities immediately.
However, Justice Jitendra Jain observed that the young friends were likely shocked and frightened, and their priority was to save their injured friend by rushing him to the hospital. The court noted that the initial history recorded by the hospital clearly mentioned it as a rail accident.
Landmark Judgment and Compensation Directive
In his order, Justice Jain emphasized that "the loss to parents on death of a young son is unimaginable and cannot be arrived at in monetary terms." He added that when such a tragic incident occurs while a son is on his way to take darshan of Lord Ganesha, parents would not normally litigate for decades for a paltry sum unless the claim was genuine.
The court held that the Railways Act is a beneficial legislation and there was no reason to suspect foul play in this case. The Bombay High Court directed that the compensation be paid to the parents within eight weeks, bringing closure to a 17-year legal battle for justice.
