The Calcutta High Court has overturned a decision by the Railway Claims Tribunal regarding the death of a passenger who fell from a crowded train. The Court has ordered the Railways to pay ₹8 lakh in compensation to the deceased's family.
Passengers often have to contend with overcrowding while traveling by train, but this very overcrowding can sometimes lead to accidents. In one such incident, a passenger died after falling from a moving train. Ruling in favor of the deceased's family, the Calcutta High Court has now ordered the Railways to pay ₹8 lakh in compensation.
The incident dates back to April 9, 2019. Baptu Pal was traveling from Dasnagar to Andul with his brother, Pintu Pal, and friend, Samresh Pal. According to the family, the train was extremely crowded. During the journey, the train jerked, causing Baptu Pal to fall off; he subsequently died in the accident.
Following the incident, the family filed a claim for compensation with the Railway Claims Tribunal. However, the Tribunal dismissed the claim on April 11, 2025. The Tribunal held that the family had failed to prove that Baptu Pal possessed a valid ticket or that his death was caused by falling from the train.
Family Challenges Decision in High Court
The family approached the Calcutta High Court to challenge the Tribunal's decision. During the hearing, it was revealed that Baptu Pal had purchased a ticket at approximately 5:47 PM on the day of the incident.
Police records also noted the seizure of a ticket.
After reviewing the case records and available information, the High Court found the Tribunal's decision to be incorrect. The Court observed that the absence of a ticket on the passenger's person after the accident did not imply he was traveling without one. The Court further held that the family could not be expected to produce an eyewitness who had actually seen the passenger falling from the train.
Railways Ordered to Pay ₹8 Lakh
The court classified the death of Baptu Pal as an "untoward incident" under Section 123(c) of the Railways Act, thereby setting aside the decision of the Railway Claims Tribunal. The Railways has been ordered to pay ₹8 lakh in compensation to the family, along with annual interest at the rate of 6%. This interest is payable for the period starting from the date the claim was filed up to August 19, 2026. The court has directed the Railways to deposit the full compensation amount, including interest, within eight weeks.
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