Man died 23 years back after fall from train, Calcutta HC asks Centre to compensate kin
Kolkata: After 23 years since the death of a 70-year-old man who fell from an allegedly overcrowded train due to a sudden jerk, the Calcutta High Court, quashing a Railway Claims Tribunal order, directed the Central government to pay compensation of Rs 8,00,000 with interest to the family.
The family moved the High Court bench of Justice Shampa Dutt (Paul) challenging the decision of the Railway Claims Tribunal, Calcutta Bench. According to them, in June 2001, Kashinath Dalui (70) was travelling from Birshibpur to Ramrajatala railway station by a local train when he fell down due to overcrowding and sudden jerk. He suffered multiple injuries and was admitted into Howrah General Hospital where he later died.
Geeta Dalui, the wife, who later died, had filed a claim application in May 2002, submitting details including death certificate photocopy. Mentioning that her husband was travelling with a valid ticket, she prayed for a compensation of Rs 4 lakhs plus interest.
The Railways rejected it, claiming the application wasn’t maintainable since it was not admitted there was an ‘untoward incident’ as defined under Section 123(c) of the Railways Act at any railway station on incident day. They refused to admit he accidentally fell down from any local EMU train on that day and cited the absence of the number and name of the train involved and the place of occurrence. They demanded that the applicant must give strict proof that death was not due to any other condition.
The court observed that tribunal rejected the claim on certain grounds including that the circumstances under which the accident occurred was not mentioned, and autopsy report revealed the injuries causing death was ante mortem (before death) in nature.
The victim’s son admitted not reporting the matter to GRP of either station and claimed the ticket was given to him by a hospital nurse. Tribunal held that the ticket was to be seized from the belongings of the victim by the hospital. Since the same was not done, the claim application was rejected.
The court observed that the medical officers’ report revealed the cause was ‘cardio respiratory failure in a case of train accident’. The ticket number in the original claim application matched the copy of the ticket filed and was accepted by (Return) and the tribunal.
Setting aside the Tribunal order, the court directed the family be paid Rs 8,00,000 with interest at the rate of 6 per cent per annum from the date of filing of the claim application till deposit. It is to be deposited with the Registrar General, High Court within six weeks.
