Fatal fall from train: HC orders CR to pay kin 8L

Mumbai: The Bombay High Court directed Central Railway to pay compensation of up to Rs 8 lakh to the parents of Suvidh Raut, who died after falling from a moving train between Ulhasnagar and Ambernath station, providing relief after 14 years.Justice Jitendra Jain on Monday did not accept the Railway Claims Tribunal's finding that Raut's death was due to trespass. "The tribunal is not an expert to give an opinion based on the nature of the injury that a person may have been knocked down by a moving train while crossing the track. It is for the medical expert and for the eyewitness to do so. In this case, both are not present,'' he said.On March 22, 2019, the tribunal rejected the parents' claim. It held that their son was not a bona fide passenger and his March 29, 2012 death did not occur due to an ‘untoward incident' as defined under the Railways Act. The definition includes accidental falling from a train.Justice Jain first considered whether Raut was a bona fide passenger with a valid ticket. While the inquest panchnama did not mention that his ticket was found, a co-passenger, Sandip Valvi, who stayed nearby, stated that Raut purchased two tickets as they were travelling together. He said due to the heavy rush, Raut fell from the train. Justice Jain said Raut's ticket might have been lost due to the fall and subsequent transportation of his body to the hospital. "Since the co-passenger confirmed purchase of tickets," he followed a Supreme Court decision and said the tribunal's finding that Raut was not a bona fide passenger cannot be accepted.On the issue of ‘untoward incident', Justice Jain noted that at the site, there was no eyewitness nor any CR office. Therefore, the station master's report, the railway police report and the inquest panchnama stating that Raut was knocked down while crossing the tracks "cannot be accepted in the absence of any eye witness." It cannot be said Raut "died on account of crossing the tracks, '' he added. Allowing the parents' appeal, he directed the CR to pay them Rs 4 lakh with 6% interest from the date of the accident till payment, subject to a cap of Rs 8 lakh.