
The Gujarat high court has ordered the Railways to pay Rs 8 lakh to the family of a man who died after falling from a moving train. The judgment, dated July 31,…
The Gujarat high court has ordered the Railways to pay Rs 8 lakh to the family of a man who died after falling from a moving train. The judgment, dated July 31, also imposed 9% annual interest from the date of the accident until payment, with the amount to be deposited within eight weeks.
The court overturned the Railway Claims Tribunal’s rejection of the claim. It said the tribunal relied improperly on police statements and a Divisional Railway Manager’s report without properly proving them. The court held that once the family stated on affidavit that the man had a valid ticket, the Railways had to show otherwise. Medical evidence recorded fatal head injuries from a fall, while the accident occurred during the Covid-19 period, when ticket checks were generally limited.
Claims that courts award compensation automatically, or that a missing ticket ends every case, both oversimplify the ruling. The judgment turned on the Railways’ failure to produce witnesses, prove its documents or establish an exception under the Railways Act. At the same time, an affidavit is not a substitute for evidence where contrary material is properly proved. The useful test is whether the Railways can substantiate its records and challenge the medical evidence in each case.
Source: timesofindia.indiatimes.com
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