LI Network
Published on: December 15, 2023 at 13:57 IST
In a recent ruling, the Delhi High Court addressed the question of whether a body found on railway tracks is always that of a ‘bonafide passenger’ and if the death can be automatically deemed an ‘untoward incident.’
The court held that the mere discovery of a deceased person on railway tracks, without additional credible evidence, does not necessarily imply that the death resulted from an untoward incident.
The case in question involved an appeal against the Railway Claims Tribunal’s (RCT) decision to dismiss a compensation claim. The appellant, the wife of the deceased, sought compensation under Section 125 of the Railways Act, 1989, following her husband’s alleged demise in an untoward incident during train travel.
Justice Dharmesh Sharma, presiding over the case, emphasized that solely finding a dead body on railway tracks, without substantial independent evidence, cannot lead to the conclusion that the death was caused by an untoward incident.
The court scrutinized the RCT’s dismissal of the claim, which asserted that the application was an attempt to gain undue financial benefits in collusion with the Government Railway Police/Gaya.
The RCT contended that the deceased was not a bonafide passenger of Puroshottam Express, highlighting that no witnesses reported seeing a body on the tracks despite four trains passing through the site soon after the alleged incident. Furthermore, the appellant failed to establish the identity of the deceased as her husband.
The Delhi High Court, in its review, supported the RCT’s decision, underscoring the absence of credible evidence and discrepancies in the identification process.
Citing the Supreme Court’s precedent in Union of India v. Rina Devi, the court emphasized that the mere presence of a body on railway premises does not automatically establish the individual as a bonafide passenger eligible for compensation.
Ultimately, the court dismissed the appeal, upholding the RCT’s decision in the case of Geeta Devi v. Union Of India & Anr.