The Andhra Pradesh High Court has modified an order of the Railway Claims Tribunal, Secunderabad Bench, in a case concerning the tragic death of a 20-year-old boy who fell from an overcrowded train in 2006. While the Tribunal had earlier awarded ₹4,00,000 as compensation with 9% interest per annum payable from April 6, 2011, the High Court directed that the interest should instead be calculated from the date of filing of the application in 2006 until realisation of the amount, albeit at a reduced rate of 6% per annum.
Justice Sumathi Jagadam observed that the Tribunal erred in restricting the interest period. Emphasising the emotional and symbolic importance of children for parents, the Court remarked that the death of a child represents not only the loss of life but also the loss of future hopes and dreams, often leaving parents consumed by grief, guilt, and self-blame. Such a loss, the Judge noted, deeply undermines the parents’ role as caregivers and protectors.
The Court also highlighted that the Railways had neither examined witnesses nor produced documentary evidence to support their claim. In the absence of contrary evidence, the Tribunal, according to the High Court, ought to have granted interest from the date of filing of the application itself.
The background of the case shows that the deceased’s parents had sought compensation under Sections 123(c) and 124A of the Railways Act, 1989, which provide relief in cases of “untoward incidents.” The Railways, however, denied liability, contending that the boy fell from the moving train while sitting on the footboard and that the incident was caused by his own negligence. Despite this defence, the Tribunal awarded compensation but limited the interest period, which became the subject of the present appeal.
Referring to Section 123(b)(i) of the Railways Act, which categorises parents as dependants in the case of an unmarried deceased passenger, the High Court upheld the parents’ entitlement to compensation. It therefore modified the Tribunal’s order, directing the Railways to recalculate and pay interest from the date of filing of the claim application in 2006 until payment is made.
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