The Bombay High Court has awarded a compensation of INR 8 lakh to the parents of a passenger, who died after falling from a crowded local train in Mumbai 15 years ago.
Nashir Ahmed Khan, who was a regular commuter, had a monthly pass from Wadala to Chinchpokli. On May 8, 2010, around 8:30 am, he left home for the work. While on his way, he fell from the train due to the overcrowded conditions. He was found unconscious and taken to JJ Hospital, where he was admitted in the emergency ward. Khan died later that day at around 3.30 pm.
The Railway Claims Tribunal had previously rejected the claim of Khan’s parents, questioning his status as a bona fide passenger and whether the incident qualified as an “untoward incident” under the Railways Act, 1989. They also raised doubts about the lack of immediate reporting to railway authorities and the absence of a recovered train ticket.
However, apart from overturning the decision by Railway Claims Tribunal, the court also dismissed doubts about the lack of immediate notification to authorities.
After reviewing key evidence, including medical and police reports, Justice Firdosh Pooniwalla ruled that Khan had indeed fallen from the train. The court noted that the injuries described in the reports were consistent with a fall from a moving train.
A Police Constable stationed at Sandhurst Road station confirmed in his report that, around 9.45 am, passengers took the injured Khan to the hospital, where he was admitted. The report detailed Khan’s injuries and confirmed his identity.
The top court also addressed the question of Khan’s status as a bona fide passenger. The court accepted the affidavit from Khan’s father, confirming that Khan held a valid monthly pass. The absence of the ticket was attributed to the accident’s circumstances.
The court also rejected any concerns about discrepancies in official records related to the father’s name, affirming that both parents were dependents of the deceased.
The High Court instructed the Railways to pay INR 4 lakh to each parent, with an additional 7% interest if the payment was delayed beyond eight weeks.