The Bombay High Court observed that a married daughter of a victim of a railway accident would also be entitled to compensation under the Railways Act even though she may not be dependent on him. This was seen in the case of Sm. Mina Vs. Union of India (FIRST APPEAL No. 68 OF 2021) and the case was presided over by Honourable Ms. Justice M.S. Jawalkar.
FACTS OF THE CASE
According to Shahare’s complaint, her father was traveling from Gondia to Wadsa by a passenger train in 2011 and due to the rush on the train, he fell off and died instantly. He was standing near the door of the coach when the incident happened, as per the petition.
The deceased was a ticketless traveler and died due to his negligence, the railway’s administration argued. It further submitted the alleged incident is not covered under Sections 123 & 124 of the Railways Act, 1989. It further said that Shahare was married and therefore not entitled to any compensation.
Relying on the SC judgment of Rina Devi, the bench held that the absence of a ticket cannot be a ground for denial of compensation. Moreover, if the deceased died by falling off the train his family cannot be expected to produce a ticket, the bench observed while relying on another judgment.
“As such there cannot be said to be negligence on the part of the deceased when it is the strict liability of the railway. Given the above-referred judgments, it has to be inferred that the deceased was a bonafide passenger and he fell from a running train was an untoward incident,” the bench observed directing Railways to pay the petitioner compensation of Rs. 8 lakhs.
The Court ordered the respondent/Union of India to pay to the appellants the sum of Rs.8,00,000/- and the said amount shall be deposited in the account of the claimant/appellant after verification of identity and bank details within three months. With this, the court disposed of the plea.
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JUDGEMENT REVIEWED BYABHINAV SHUKLA.