Kolkata: In a significant ruling, the Calcutta High Court on May 22 granted compensation of Rs 4 lakh with six percent annual interest to the widow of a painter who died after accidentally falling from a train nearly 16 years ago. The court set aside the order of the Railway Claims Tribunal, which had earlier rejected the compensation plea.
Case Background
The incident occurred on July 25, 2010. Amrit Pramanik, a painter, was traveling from Krishnanagar City to Sealdah on the Lalgola-Sealdah Passenger train to offer Ganga water at a Shiva temple. According to the police inquest report, Pramanik was sitting near the compartment door. His widow stated that the compartment was overcrowded. Both family members and police reported that he fell from the train and died. The widow claimed that a sudden jerk caused him to fall, and sought compensation under Section 124A of the Railways Act, 1989.
Earlier Rejection
The initial application for compensation was rejected. The widow then approached the Railway Claims Tribunal, which dismissed her plea on February 8, 2017, citing a lack of “cogent evidence” linking the death to a fall from the train.
High Court's Observation
Justice Biswaroop Chowdhury held that the Railway Authority, being a State under Article 12 of the Constitution, has a duty to collect evidence regarding the discovery of a dead body on railway tracks to ensure genuine compensation cases are honored and frivolous ones dismissed. The judge noted that in this case, no inquiry was conducted by the Railway Authority.
The court emphasized that in untoward railway incidents where the victim’s family or friends are not present, the police report must be relied upon. “In the event the police report inspires confidence, the same should be accepted to award compensation,” the judge stated.
Evidence Considered
The High Court took into account the police report and medical records, which clearly indicated that death was due to shock and hemorrhage resulting from antemortem injuries, and appeared to be accidental in nature. Based on this, the court awarded compensation to the widow.
