The Jharkhand High Court has ordered a compensation of Rs 8 lakhs to the widow of a person who died after falling from a moving train in 2017. The High Court rejected the decision of the Railway Claims Tribunal, in which it refused to give compensation to the family of the deceased. While hearing the case, the High Court ruled that the deceased was a genuine passenger, whereas during the investigation report he did not have a ticket.

Jharkhand High Court Justice Subhash Chand, while rejecting the decision of Railway Claims Tribunal stated that though in the written statement on behalf of the respondent, the defence was taken that the deceased had died while crossing railway station. However, the documentary evidence adduced on behalf of the respondent, it was found that the untoward incident took place by falling of the deceased from the running train in between Sahebganj to Pirpainti Station.

Neither oral nor any documentary evidence was adduced on the respondent’s behalf to show that the deceased was not bona fide passenger. Initial burden was discharged on behalf of the appellants, and the burden of proof was shifted upon the respondent to prove the fact that the deceased was not a bona fide passenger.

Thus, the fact that the deceased was a bona fide passenger was well proved. The Court stated that appellants were entitled to compensation of Rs.8 lakhs along with interest of 9% per annum from the date of filing of the claim petition up to the date of order and from the date of order up to the date of actual payment 6% per annum.

In fact, on 7 June 2017, Shambhu Sahni boarded the Howrah-Gaya Express at Sahibganj Junction with a valid second class ticket purchased for a journey to Pirpainti station. As soon as the train reached Pirpainti, the deceased moved towards the door of the train to get off. But due to a crowd of passengers gathering near the door, there was a jostling, due to which Sahni lost his balance and fell from the moving train between Ammapali Halt and Pirpainti station. He died on the spot in this incident. After the death of Shambhu Sahni, his wife Kavita Devi demanded compensation from Ranchi Railway Claims Tribunal. But her demand was rejected. After this, she appealed to the High Court, which was heard in the court of High Court Judge Justice Subhash Chand.