The Supreme Court reaffirmed that claimants in railway accident compensation cases are entitled to the higher compensation rate that is in effect at the time of the decision, even if this rate is established after the date of the incident.
In a recent case, the claimants sought Rs. 4 Lakhs as compensation, the amount applicable according to the Railway Accidents (Compensation) Rules, 1990, at the time of the 2003 incident. However, the compensation amount had been increased to Rs. 8 Lakhs in 2016. The Court, referring to the judgment in Rina Devi, held that claimants should receive the higher compensation amount in effect at the time of the award. Therefore, granting Rs. 8 Lakhs was deemed appropriate.
The Supreme Court also addressed the issue of the deceased’s status as a bona fide passenger. It ruled that the lack of a train ticket from the deceased’s body does not invalidate the claim of being a bona fide passenger.
According to the Court, once the claimants provide an affidavit and investigation reports confirming that the deceased was a legitimate passenger and that the death resulted from falling from the train, the burden of proof shifts to the Railways to prove otherwise.
The Court cited the case of Rina Devi, where it was established that the initial burden of proof lies with the claimant, who must provide relevant affidavits. Once this burden is met, the Railways must then disprove the claim. The Court emphasized that the absence of a ticket alone cannot disprove the claim of bona fide passage.
In the present case, the claimants had submitted an affidavit and investigation reports showing that the deceased was traveling on the train and died due to a fall. Since the Railways failed to disprove this evidence, the Court upheld the presumption that the deceased was a bona fide passenger. The Court, supported by post-mortem and investigation reports confirming injuries from the fall, concluded that compensation was rightfully due to the claimants.
Posted and reproduced in Public Interest by
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