Railways to Pay Compensation Even if Ticket is Lost; Court Rules in Favor of Victim

The Railways had initially denied compensation following a passenger’s death in a train accident because the ticket could not be found. However, the Supreme Court overturned the High Court’s decision and ordered that ₹8 lakh in compensation be paid to the victim’s family.

The Supreme Court has provided significant relief to train passengers. The case concerned the denial of compensation to a family following the death of a passenger in a train accident. The central question was whether the victim’s family would be deprived of their right to compensation simply because the train ticket could not be produced.

According to reports, the incident occurred in Gujarat on September 27, 2017. A passenger named Maheshbhai was traveling in a general coach when a sudden, violent jolt caused him to fall from the upper berth directly to the floor. He sustained severe injuries and underwent treatment for nearly a month before passing away on October 31, 2017.

Parents Sought Compensation

When Maheshbhai’s parents sought compensation from the Railways, the Railway Claims Tribunal—acknowledging the incident as an accident—ruled in their favor on June 17, 2022. The Tribunal ordered the payment of ₹8 lakh in compensation along with 9% annual interest.

However, when the matter reached the High Court, the compensation award was set aside. The High Court had based its decision on the fact that the train ticket was not found in the deceased’s possession.

Supreme Court Overturns High Court Order

A Supreme Court bench comprising Justice Ujjal Bhuyan and Justice AS Chandurkar set aside the High Court’s decision. The Court observed that revoking granted compensation solely on the grounds of a missing ticket could not be considered justified. The Court took into account the entire factual matrix, including the statement given by the deceased’s father and the fact that the deceased underwent prolonged hospital treatment. The Bench observed that, based on the prevailing circumstances, it could be inferred that Maheshbhai was travelling as a bona fide passenger.

Rs 8 Lakh to be Paid Within 30 Days

The Supreme Court has restored the compensation of Rs 8 lakh awarded by the Railways. The Court directed that this amount be paid to the deceased’s parents within 30 days. It further noted that certain belongings—including the ticket—could not be recovered after the accident, and observed that the preservation of the ticket during the course of medical treatment is not a strict requirement.