In a significant turn of events, the Bombay High Court has awarded ₹8 lakh in compensation to the parents of a young man who tragically lost his life after falling from a Mumbai local train in 2010. The decision overturns a prior ruling by the Railway Claims Tribunal, which had denied their claim on grounds that no valid ticket was found with the deceased.
The case revolved around the tragic death of Nasir Ahmed Khan, a daily commuter traveling from Wadala to Chinchpokli. On May 8, 2010, he fell from the overcrowded local train, sustaining severe injuries that led to his death in a hospital. Despite holding a valid monthly pass, his parents’ claim for compensation was initially dismissed, with the tribunal questioning the absence of a ticket and other procedural evidence.
However, Justice Firdosh P Pooniwalla took a contrasting stance, emphasizing that the incident was an “untoward incident” under the Railways Act and merited compensation. The Court pointed to key evidence—including police reports, medical documents, and affidavits—that unequivocally demonstrated the accidental nature of the fall.
“The injury report, cause of death certificate, and post-mortem findings all corroborate the fact that the deceased suffered injuries consistent with falling from the train,” Justice Pooniwalla observed. The Court also dismissed the tribunal’s contention regarding the absence of a ticket, asserting that the burden of proof lay with the Railways to disprove the deceased’s status as a bonafide passenger.
The Union of India has been directed to compensate the parents with ₹4 lakh each. The Court further stipulated that payment should be made within eight weeks, failing which interest at a rate of 7 percent per annum will accrue.
This ruling not only provides financial relief to the grieving family but also underscores the judiciary’s commitment to upholding justice in cases where procedural technicalities have previously obstructed rightful claims.
