The Bombay High Court has set aside the decision of the Railway Claims Tribunal and awarded a compensation of Rs 4 lakh to the parents of a passenger who died after falling from a crowded Mumbai train on May 8, 2010.
Nasir Ahmed Khan, a regular monthly commuter from Wadala to Chinchpokli, was on his way to work when he fell off the train due to overcrowding. He was found unconscious and taken to JJ Hospital, admitted to the emergency ward. Khan died that day at around 3.30 pm
The Railway Claims Tribunal had earlier rejected the plea of ​​Khan’s parents, questioning the identity of the true passenger and whether the incident qualifies as an “aggravated incident” under the Railway Transport Act, 1989. The tribunal raised doubts about the lack of immediate reporting to the railway authorities and the absence of a train ticket received.
However, after reviewing key evidence, including medical and police reports, Justice Firdosh Pooniwalla ruled that Khan had indeed fallen from the train. The court noted that the injuries described in the reports were consistent with the fall of a moving train. The Tribunal’s doubts about the lack of prompt notification to the authorities were dismissed.
A police constable at the Sandhurst Road station confirmed in his report that, at around 09:45 in the morning, the passengers took the injured Khan to the hospital, where he was admitted. The report detailed Khan’s injuries and confirmed his identity.
The Supreme Court also addressed the question of Khan’s status as a bona fide passenger. The court accepted the affidavit of Khan’s father, confirming that Khan has a valid monthly pass. The absence of a ticket is due to an emergency situation.
The court also dismissed any concerns about conflicting legal records relating to the father’s name, confirming that both parents were dependent on the deceased.
The Supreme Court has ordered the railways to pay each parent Rs 4 lakh, with an additional 7% interest if the payment is delayed for more than eight weeks.