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

The tribunal had refused to grant the compensation claimed by the parents, saying that the man died while crossing tracks and it was his own negligence.

The Bombay High Court recently pulled up the Railway Claims Tribunal and Railway authorities for being insensitive towards a couple who had lost their 30-year-old son in a train accident in 2010.

The tribunal had refused to grant the compensation claimed by the parents, saying that the man died while crossing tracks and it was his own negligence.

The court, while setting aside the tribunal order, directed Railway authorities to pay compensation of Rs 8 lakh to the parents and imposed a cost of Rs 5,000 on the Railways.

A single-judge bench of Justice Prithviraj K Chavan passed the order on March 9 on a plea by the parents of Milind Sakpal, who on April 30, 2010 was travelling by a local train from Vile Parle to Borivali with a monthly season ticket. When the train was reaching near Jogeshwari station, Sakpal fell down from the train amid the heavy rush in the compartment, sustained serious injuries and subsequently died.

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.

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