The Calcutta High Court has overturned an order of the Railway Claims Tribunal that had denied compensation to the family of a man who died after falling from a moving local train. Holding that the police investigation and seizure of a railway ticket established that the deceased was a bona fide passenger, the Court ruled that the incident qualified as an "untoward incident" under the Railways Act and awarded compensation to the family.
Background of the Case
The appeal was filed by Rumpa Mallick and her family against the Tribunal's order dated January 16, 2024, which had dismissed their compensation claim.
According to the claimants, the deceased had travelled from Baidyabati to Belur on October 1, 2018, using a return journey ticket. After completing his work, he boarded a Bandel local train to return home. During the journey, he accidentally fell from the train between Rishra and Serampore stations and died. A police investigation followed, during which a railway ticket was allegedly recovered from his pocket.
The Railway administration disputed the claim, relying on its own enquiry report stating that no journey ticket had been found on the deceased. It also questioned the authenticity of the seizure list relied upon by the claimants.
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Court's Observation
Justice Biswaroop Chowdhury noted that compensation claims arising from railway accidents must be assessed with practical realities in mind, observing that families often cannot produce eyewitnesses when a passenger dies while travelling alone.
Referring to the Supreme Court's ruling in Union of India v. Rina Devi, the Court reiterated that the absence of a railway ticket on the body does not automatically defeat a compensation claim. Once claimants present an affidavit and relevant circumstances showing that the victim was travelling on the train, the burden shifts to the Railways to rebut that evidence.
The bench observed,
"Mere absence of ticket with such injured or deceased will not negative the claim that he was a bona fide passenger."
The Court also relied on a Karnataka High Court judgment, which recognised that it is often impossible for families to produce eyewitnesses to railway accidents involving lone passengers.
Police Records Given Greater Weight
Examining the evidence, the High Court found that the police investigation report prepared under Section 174 of the Code of Criminal Procedure specifically recorded the recovery of a railway ticket from the deceased's body. The seizure list also bore the thumb impression of the person from whom the ticket was recovered.
The Court declined to rely on the statement of an RPF witness who claimed he had signed a blank seizure list. It noted inconsistencies in his testimony and observed that the investigating officer, whose official records supported the seizure, had not been examined by the Railways to challenge those documents.
"The investigation report and seizure list cannot be discarded without examination of the Investigating Officer,"
the Court observed.
Decision
Holding that the claimants had successfully proved that the deceased died in an untoward railway incident while travelling as a bona fide passenger, the High Court allowed the appeal.
The Court set aside the Railway Claims Tribunal's order and directed the Union of India to pay ₹8 lakh as compensation, together with 6% annual interest from the date of filing of the claim petition until payment. The amount has been directed to be deposited before the Registrar General of the Calcutta High Court within eight weeks, after which the claimants may withdraw it after completing the required formalities.
Case Details:
Case Title: Rumpa Mallick & Ors. v. Union of India
Case Number: F.M.A. 1315 of 2025
Judge: Justice Biswaroop Chowdhury
Decision Date: June 30, 2026
