The Jharkhand High Court has mandated the Indian Railways to pay Rs 8 lakh in compensation to the family of a man who tragically died after falling from an overcrowded train. This ruling was reported by the Press Trust of India. The court’s decision came after Justice Sanjay Kumar Dwivedi issued the order on October 27, with the details released to the public on a subsequent Wednesday.

The case emerged when Baijanti Gope filed an appeal against a decision made by the Railway Claims Tribunal on September 12, 2023. The tribunal had dismissed her claim for compensation, citing the absence of a railway ticket from the deceased’s body, Banmali Gope, as the primary reason for its ruling.

Judicial Observations on Compensation Claims

In its judgement, the High Court emphasised that the Railways should not adopt an excessively technical stance when adjudicating compensation claims related to train accidents. The court remarked that in a nation where millions rely on train travel due to economic constraints, a restrictive interpretation of the Railways Act could unjustly deny compensation to numerous victims, particularly those from economically disadvantaged backgrounds.

The court further highlighted the circumstances surrounding Banmali’s death, noting that he had fallen from the train and sustained severe injuries. The absence of a railway ticket on his person was deemed insufficient to invalidate the claim for compensation. The court underscored the importance of ensuring that victims are not deprived of their rights due to technicalities.

In its findings, the court also took into account witness testimonies, which indicated that there was no evidence to suggest that Banmali’s death resulted from suicide, a criminal act, or natural causes. The court concluded that Banmali was indeed a bona fide passenger who suffered an accidental death after falling from an overcrowded train.

Details of the Incident

Banmali was travelling on the Tata-Barbil Passenger train, having boarded at Jhinkpani railway station, and was en route to Kendposi station in West Singhbhum district on September 1, 2017. Reports indicate that he was standing near the door of the overcrowded train when he was allegedly pushed out due to the jostling of fellow passengers, leading to the fatal incident.

The High Court’s ruling not only allowed the family’s appeal but also overturned the tribunal’s previous decision. The court reiterated that the claim for compensation could not be dismissed simply because a railway ticket was not found on Banmali’s body. This decision is significant in setting a precedent for future cases involving similar circumstances.

In conclusion, the High Court’s directive for the Indian Railways to compensate Banmali Gope’s family reflects a broader commitment to ensuring justice for victims of train accidents. The ruling serves as a reminder of the need for fair treatment in compensation claims, particularly for those who may not have the means to navigate complex legal systems.

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