Judge rejects railways' claim on ticketless travel, orders relief

Justice M Duraiswamy on remanding the case back to the tribunal to decide on the quantum of compensation payable to the parents, said, “The apex court as well as this court had repeatedly held that the burden of proving that the victim is not a bona fide passenger lies on the Railways and that non-production of railway tickets is not fatal to the case of the claimants. Therefore,  the tribunal should not have dismissed the petition on that ground.” 

According to the case, Mathew Lai had travelled between Kodambakkam Railway Station and Nungambakkam Railway Station and due to sudden jerk of the train, he accidentally fell and suffered multiple injuries. He was found dead and an FIR was lodged by station superintendent and a case was registered at the Egmore Railway police station. The inquest was conducted by the inspector of police and the panchayatars have unanimously held that the deceased person  had died due to injuries suffered from the accidental fall from the train. The train ticket purchased by the deceased was lost during the accident and hence, the claimants could not produce the same before the tribunal. 

Appearing for the victim’s parents, advocate Sanjay Pinto citing a catena of judgments to buttress his argument, contended that tribunals overlook a settled principle of law forcing  claimants to approach the high courts and Supreme Court for statutory compensation. It is a denial of beneficial legislation, Pinto argued. Counsel M T Arunan appearing for the railways had contended that since the claimants have not produced the train ticket of the deceased, the tribunal has rightly dismissed their claim petition.