The Supreme Court has restored an ₹8 lakh compensation award to the parents of a man who suffered fatal injuries after falling from a train, holding that the mere absence of a railway ticket cannot by itself defeat a claim for compensation when other evidence establishes that the deceased was a bona fide passenger.
A Bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar allowed the appeal filed by Sukhabhai Nanjibhai Makwana and another against the Union of India. The judgment was delivered on September 25, 2026, in Civil Appeal No. 12951 of 2026.
Background
Maheshbhai was travelling towards Surat in the general compartment of a train on September 27, 2017. According to the claim made by his parents, he lost his balance because of the heavy rush and fell from the train between Sabarmati and Ahmedabad railway stations.
He suffered multiple serious injuries and was taken to hospital. After remaining hospitalised for more than a month, he died on October 31, 2017. His parents subsequently approached the Railway Claims Tribunal seeking compensation under the Railway Claims Tribunal Act, 1987.
The Tribunal accepted their case and, on June 17, 2022, awarded ₹8 lakh with 9% annual interest from the date of the incident until the date of the order. The Railways challenged the decision before the Gujarat High Court. The High Court reversed the Tribunal's award on July 15, 2025, mainly observing that there was no sufficient evidence showing that Maheshbhai had fallen from the train and that his travel details and ticket were not available.
The Supreme Court noted that Maheshbhai's father had specifically stated on oath that his son had purchased a railway ticket, but the ticket was lost. The Court also noticed that the railway officials who were examined had not searched the victim's pockets for the ticket.
The Court relied on its earlier decision in Union of India v. Rina Devi, which explained that the absence of a ticket with an injured or deceased passenger does not automatically establish that the person was travelling without authority.
The Court reproduced the legal position from that judgment:
“We thus hold that mere presence of a body on the Railway premises will not be conclusive to hold that injured or deceased was a bona fide passenger for which claim for compensation could be maintained. However, mere absence of ticket with such injured or deceased will not negative the claim that he was a bona fide passenger. Initial burden will be on the claimant which can be discharged by filing an affidavit of the relevant facts and burden will then shift on the Railways and the issue can be decided on the facts shown or the attending circumstances.”
The Bench further observed that the deceased had remained in hospital for more than a month after sustaining the injuries. In those circumstances, the Court considered the loss or non-preservation of the ticket to be a relevant circumstance. It held that the parents had discharged the initial burden by their evidence, while the Railways had failed to rebut it adequately.
The Supreme Court also considered the investigation report prepared under the Railway Passengers Rules. The incident occurred on September 27, 2017, but the report was prepared only on May 17, 2018, nearly seven months later.
The Court noted that the Railways had not provided an explanation for the delay. Referring to its earlier decision in Kalandi Charan Sahoo v. General Manager, South-East Central Railways, the Bench held that the Railways could not benefit from the delay in conducting the required inquiry. The Court therefore declined to rely upon the delayed investigation report.
The Supreme Court held that the Tribunal was justified in treating Maheshbhai as a bona fide passenger and granting compensation under Section 124-A of the Railways Act, 1989.
The Court accordingly set aside the Gujarat High Court's July 15, 2025 order and restored the Tribunal's June 17, 2022 award of ₹8 lakh.
The Railways were directed to satisfy the award within thirty days. The appeal was allowed, with the parties directed to bear their own costs.
Case Details:
Case Title: Sukhabhai Nanjibhai Makwana and Another v. Union of India
Case Number: Civil Appeal No. 12951 of 2026
Judges: Justice Ujjal Bhuyan and Justice Atul S. Chandurkar
Decision Date: September 25, 2026
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