In a significant relief to parents who lost their son in a tragic train accident 17 years ago, the Bombay High Court on Monday directed Western Railway to pay Rs 4 lakh in compensation, along with 6% annual interest from the date of the accident, with the total capped at Rs 8 lakh. The incident occurred in June 2009 when the victim fell from a crowded Mumbai local train near Jogeshwari station.
Court's Observations on Tribunal's Error
Justice Jitendra Jain, while delivering the judgment, criticized the Railway Claims Tribunal for what he termed a grave error in failing to consider crucial evidence. The evidence included a companion's testimony that the victim fell due to the rush while the train was heading towards Churchgate. The court noted that the tribunal had dismissed the claim, ruling that the victim was not a bona fide passenger and that the incident was not an "untoward incident" under the Railways Act, which would have entitled the parents to compensation.
Ordinarily, the High Court would have remanded the case back to the tribunal for a fresh evaluation of the evidence. However, given that the accident occurred in 2009, Justice Jain decided to examine the evidence himself to avoid further delays. He concluded that the evidence clearly indicated the death was caused by an accidental fall from a moving train.
Parents' Legal Battle
The parents, Rayappa and Victorya Chetiyar, approached the High Court in 2017 after the Railway Claims Tribunal rejected their claim. The tribunal had held that the victim was not a bona fide passenger, citing the absence of a valid ticket. However, the High Court pointed out that the victim had two tickets from Goregaon to Churchgate in his pockets at the time of the accident, and the tribunal had failed to consider this evidence.
The Western Railway, on the other hand, argued that the victim had died while trespassing across the tracks, a common occurrence at that spot. The body was found under a train on a fast track, leading the railway authorities to claim that the victim was not a passenger. However, the High Court rejected this argument, stating that the railway had failed to provide any eyewitnesses or evidence to support its claim. The court emphasized that merely because the spot was commonly used for crossing tracks did not mean the victim had done so.
Railways' Lack of Evidence
The High Court also noted that the railway authorities did not provide the train number involved in the incident. Given that train movements are meticulously recorded and the body was found near Platform 3, the court found no reason why the train number could not have been provided. This lack of evidence further weakened the railway's case.
The court directed the parents to file a claim with the railway authorities, and the compensation should be disbursed within 12 weeks. The judgment brings closure to a long-standing legal battle for the grieving parents, who had been fighting for justice for over a decade.
