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Compensation for train mishap victims upheld
The Madras High Court on Saturday ruled that the onus was on the railways to prove whether a person, who died after falling from a crowded train, was a bona fide passenger or not, and reversed the orders of the Railways Claims Tribunal
Madurai
In a judgment reserved in the principal seat of the High Court in Chennai and delivered in the Madurai Bench here, Justice T Raja held that “The onus is on the Railways (and not on the claimants for compensation) to prove that the deceased were not bona fide passengers of trains. Normally it was presumed that a passenger in a train held a valid ticket.”
Allowing two different appeals by a common order, the judge reversed the orders passed by Railway Claims Tribunal in September 2008 refusing compensation to families of two passengers who died while travelling in EMU trains in Chennai in 2002 and 2006. The judge directed the Southern Railway to pay a compensation of Rs 4 lakh each with interest.
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