Missing Ticket No Reason To Deny Compensation: Court Awards Rs 8 Lakh To Widow

Awarding Rs 8 lakh to the widow of a man who died after falling from a moving train in 2011, the Allahabad High Court on Tuesday held that mere non-recovery of a railway ticket from a deceased passenger cannot by itself be a ground to deny compensation to his dependants.

Justice Syed Qamar Hasan Rizvi, while allowing an appeal, set aside the Railway Claims Tribunal's 2017 order rejecting the compensation claim filed by Lali, widow of Shiv Narayan Singh.

The deceased had boarded the Lal Qila Express at Etawah on November 21, 2011 for Delhi and allegedly fell from the moving train near Sarai Bhupat railway station.

Holding that while the initial burden is on the claimant to establish bona fide travel, it said absence of a ticket does not automatically negate the claim.

In the case, the widow and another witness testified that Singh had purchased a second-class ticket. The Railways failed to produce ticket-sale records or other evidence to rebut their claim.

The high court rejected the Tribunal's reasoning that the deceased's body being found in three pieces proved that he had been run over while on the tracks.

The high court said such an inference, unsupported by independent or expert evidence, could not defeat a compensation claim.

The bench has directed the Railways to pay Rs 8 lakh within eight weeks.

Delay beyond this period will attract 9 per cent annual interest until payment, added the bench.

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