Bombay HC Rules: Immediate Report Not Fatal for Train Fall Compensation

In a significant ruling, the Bombay High Court has granted Rs 4 lakh in compensation, plus interest, to the parents of a 17-year-old who died after falling from a train in 2008. The court held that the Railways Act is a beneficial piece of legislation and that failing to immediately inform railway officials about the incident does not invalidate the compensation claim, especially when friends present at the time prioritized saving the injured. This landmark decision addresses the circumstances surrounding the fall, acknowledging the shock and fear of young witnesses.

The boy was traveling with friends on an overcrowded train when he fell between stations. His friends, rather than reporting to station authorities, rushed him to the hospital. The Railway Claims Tribunal had previously rejected the parents' plea, citing a lack of official railway records and the son not being a bona fide passenger. However, the High Court accepted the friends' account as crucial evidence, similar to a dying declaration, validating their status as ticket-purchasing passengers.

Justice Jitendra Jain emphasized that circumstantial evidence is vital in railway cases and that the loss to parents is immeasurable. The court considered the parents' prolonged struggle for compensation, noting they would not pursue such claims for decades without genuine grief. This ruling underscores the importance of socio-beneficial legislation like the Railways Act and highlights the court's consideration of emotional and circumstantial factors in delivering justice.