In a significant ruling, the Bombay High Court at Nagpur Bench has granted compensation to the grieving parents of a train accident victim who tragically lost his life while trying to escape a fire incident inside the train.
The court's judgment came in response to a First Appeal filed by Dhaneshwar Rajak and Lila Devi, the parents of the deceased.
The incident occurred on July 21, 2018, when Dilip Dhaneshwar Rajak and his friend were traveling on the Darbhanga-Secunderabad Express from Bokaro to Secunderabad. During the journey, a sudden fire and smoke outbreak in the bogie forced passengers to pull the emergency chain, bringing the train to a halt near Makodi railway station. In a bid to save their lives, some passengers had to alight from the train and ended up on the railway track. Tragically, Dilip Rajak, while standing on the track, was struck by another oncoming train, resulting in his untimely death.
Challenging the denial of compensation by the Railway Claims Tribunal, the claimants contended that the accident was a consequence of negligence on the part of the respondent railway and that the deceased was a bona fide passenger deserving of compensation.
Justice M.S. Jawalkar, while considering the evidence presented by both parties, observed that the deceased and other passengers would not have had to disembark from the train if not for the fire and smoke in the bogie. The court emphasized the need for a liberal and wider interpretation of the provisions concerning compensation for railway accidents, particularly when it serves the purpose and objective of the statute.
The court opined that the incident could have caused the loss of the ticket during the accident, and the claimants had established their prima facie burden of proof through the testimony of the deceased's friend and co-passenger, who confirmed the possession of valid tickets.
Consequently, the High Court allowed the appeal, setting aside the Railway Claims Tribunal's decision. It held that the deceased was indeed a bona fide passenger and directed the Union of India, through its General Manager of South Central Railway, to pay Rs. 8 lakhs as compensation to the claimants along with interest from the date of the accident.
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