Kolkata, Sep 30 (PTI) The Calcutta High Court has granted a compensation of Rs 4 lakh with 6 per cent annual interest to the family of a man who died after falling from a moving train in 2015, overturning a refusal by the Railway Claims Tribunal.
The tribunal had refused compensation to the family on the ground that the deceased Sarful Sekh fell due to his own negligence.
Noting that a train ticket of July 8, 2015 for travel from Sealdah station was found in the possession of the deceased person, Justice Biswaroop Chowdhury held on September 25 this year that this goes on to show that he had purchased a ticket for travelling.
Justice Chowdhury set aside the Railway Claims Tribunal’s January 2020 order refusing compensation to the victim’s family.
The court directed the Railways to deposit Rs 4 lakh with interest at the rate of 6 per cent per annum from the date of filing of the claim till the date of this judgment.
Justice Chowdhury directed that the deposit will be made before the registrar general of the high court.
The court observed that the appellants have been able to establish that the victim’s death is an untoward incident and not a case of negligence by the deceased. The appellants are thus entitled to the compensation as prayed for.
The court noted that deceased Sarful boarded Lalgola local at Sealdah station on the night of July 8 to return to his village in Beldanga police station area in Murshidabad district.
The petitioners’ lawyer stated that when the train reached Sargachi station early in the morning, due to heavy rush, he was forced to get down hurriedly while the train was in motion. He inadvertently fell onto the tracks of platform number 2 and came under the wheels of the train, resulting in his death.
The court noted that the reports of the police as well as railway authorities admitted that the victim fell down from the train, but the Railways refused to pay compensation on the ground that the incident occurred due to the negligence of the victim. PTI AMR ACD
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