HC says rlys tribunal can’t insist on tickets for accident relief
TNN | Sep 15, 2018, 01.07 AM IST
Chennai: Non-production of a railway ticket cannot be cited to deny compensation to the kin of a person killed in rail accidents, said the Madras high court, directing Southern Railway to pay Rs 8 lakh compensation to the family of a deceased person.
“It is reiterated that the apex court as well as this court had time and again held that the burden of proving that the victim is not a bona fide passenger lies on the railways and that non-production of railway ticket is not fatal to the case of the claimants. Therefore, the Railway Tribunal should not have dismissed the petition on that ground,” Justice M V Muralidaran said, while setting aside the order of the tribunal.
The issue pertains to appeal moved by the family of Srinivasan, a passenger in a suburban train travelling from Tambaram to Chennai Beach station. During the travel, he accidentally fell down from moving train between Saidapet and Mambalam railway stations and sustained injuries, and later died.
Their application for due compensation was rejected by the tribunal on the ground that the family had failed to produce a valid ticked possessed by the deceased to prove that he was a bona fide traveller.
Challenging the order, the family moved the high court. Pointing out that Rs 2,510 was recovered from the body of the deceased, the court said, having had the money, deceased would have definitely purchased the train ticket for his travel.
TNN | Sep 15, 2018, 01.07 AM IST
Chennai: Non-production of a railway ticket cannot be cited to deny compensation to the kin of a person killed in rail accidents, said the Madras high court, directing Southern Railway to pay Rs 8 lakh compensation to the family of a deceased person.
“It is reiterated that the apex court as well as this court had time and again held that the burden of proving that the victim is not a bona fide passenger lies on the railways and that non-production of railway ticket is not fatal to the case of the claimants. Therefore, the Railway Tribunal should not have dismissed the petition on that ground,” Justice M V Muralidaran said, while setting aside the order of the tribunal.
The issue pertains to appeal moved by the family of Srinivasan, a passenger in a suburban train travelling from Tambaram to Chennai Beach station. During the travel, he accidentally fell down from moving train between Saidapet and Mambalam railway stations and sustained injuries, and later died.
Their application for due compensation was rejected by the tribunal on the ground that the family had failed to produce a valid ticked possessed by the deceased to prove that he was a bona fide traveller.
Challenging the order, the family moved the high court. Pointing out that Rs 2,510 was recovered from the body of the deceased, the court said, having had the money, deceased would have definitely purchased the train ticket for his travel.
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