In a significant ruling, the Bombay High Court has granted ₹8 lakh as compensation to the parents of Nasir Ahmed Khan, a daily commuter who tragically fell from a crowded Mumbai local train in 2010. Single-judge Justice Firdosh P Pooniwalla overturned an earlier decision by the Railway Claims Tribunal, which had dismissed the parents’ claim on the grounds that the deceased was not a bonafide passenger.
The accident occurred on May 8, 2010, when Nasir Ahmed Khan fell from a local train while traveling from Wadala to Chinchpokli. Despite carrying a valid monthly pass, the Railway Claims Tribunal had rejected the claim, citing the absence of a ticket or pass at the time of the incident.
Justice Pooniwalla, in her January 8 order, clarified that sufficient evidence supported the claim that the death was an “untoward incident” under Section 123(c)(2) of the Railways Act, making it eligible for compensation.
Court’s Observations
The High Court relied on police reports, medical certificates, and affidavits to establish that the deceased accidentally fell from the train. “In my view, all this evidence, taken together, clearly shows that the deceased son of the appellants had died due to accidentally falling down from a train at Sandhurst Road,” Justice Pooniwalla stated.
The court referred to the inquest panchanama and injury reports, noting:
“The injury report, the cause of death certificate, and the post mortem report, all showed injuries to the head and the body which were clearly consistent with accidentally falling down from the train of the deceased son of the Appellant.”
Rejecting the tribunal’s conclusion about the deceased not being a bonafide passenger, the Court emphasized:
“The appellants had clearly discharged the initial burden to show that the deceased was carrying a valid monthly pass and was a bonafide passenger. The burden then shifted on to the Respondent-Railways to show that the deceased was not carrying any such pass.”
Compensation Details
The Union of India has been directed to pay ₹4 lakh to each parent within eight weeks. In case of a delay, the amount will accrue interest at 7% per annum.
This ruling brings solace to the grieving parents and highlights the judiciary’s role in ensuring justice for victims of railway accidents.
Case: Shri Basir alias Mohd. Ahmed Khan vs UOI – Available on LAWFYI.IO
