Bombay HC pulls up Railway authorities, directs payment of compensation to parents of accident victim

The tribunal on November 30, 2017 dismissed an application by the parents, observing that the deceased was knocked down while crossing the railway track and therefore the death took place due to his own negligence and criminal act, for which the Railway administration was not responsible, and refused to pay compensation. The parents challenged the tribunal order in the HC, seeking compensation of Rs 4 lakh from Western Railways on account of their son’s death.

After hearing submissions and perusing the material on record, the HC observed that the tribunal ruling is “perverse” on more than one count. “Firstly, the tribunal has committed gross impropriety in ignoring the fact that during inquest, a valid monthly season ticket was found on the person of the deceased. Secondly, it has failed to examine the witness namely, the Motorman or the Guard or the GRP personnel to substantiate its contention that the deceased was hit by a local train.”

The court also asked why an FIR was not registered if the deceased had committed a criminal act and rather a report of accidental death seemed to have been accepted by the magistrate.

The court set aside the tribunal order and imposed a cost of Rs 5,000 on Railways. The bench asked Railways to pay compensation of Rs 8 lakh to the appellants within six weeks, failing which interest at the rate of 9 per cent per annum shall be paid on the amount of compensation, till the entire amount is released.