In a significant order on railway accident claims, the Rajasthan High Court at Jaipur has set aside a tribunal’s decision that denied compensation to a grieving mother whose son died after falling from a moving train in 2013.
Justice Anoop Kumar Dhand ruled that the mere absence of a railway ticket from the deceased’s body cannot be the sole ground to reject a claim. The case has now been sent back to the Railway Claims Tribunal (RCT) for fresh consideration.
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The order was passed on January 19, 2026, in an appeal filed by Smt. Gulab Devi.
Background of the Case
According to the appeal, Gulab Devi’s son was travelling from Jaipur to Bhankri on October 10, 2013, after purchasing a valid ticket. While the passenger train was near Banganga Bridge, he allegedly fell due to a sudden jerk and sustained fatal injuries.
The family filed a compensation claim of ₹6 lakh under the Railway Claims Tribunal Act, 1987 and the Railways Act, 1989. However, in August 2018, the Jaipur Bench of the RCT dismissed the claim.
The Tribunal reasoned that no valid journey ticket was found during the inquest. It also observed that the body was split into two parts, suggesting that the incident appeared to be a “run over” case - meaning the deceased may have been hit by another train rather than falling from one.
Challenging this finding, the mother approached the High Court.
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Arguments Before the Court
Counsel for the appellant argued that the Tribunal had committed a serious error by rejecting the claim solely because no ticket was recovered from the deceased’s body.
It was submitted that in cases of railway accidents, the physical condition of the body cannot automatically determine the nature of the incident. The counsel relied heavily on the Supreme Court’s ruling in Union of India vs. Rina Devi (2019), which clarified how courts should approach such claims.
On the other hand, the railway authorities maintained that the absence of a ticket and the condition of the body indicated that this was a run-over case. They argued that the Tribunal had correctly assessed the facts and that there was no need for interference.
Court’s Observations
After hearing both sides and examining the record, Justice Dhand noted that the Tribunal had framed four issues and primarily rejected the claim on the ground that no ticket was found.
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Referring to the Supreme Court’s judgment in Rina Devi, the High Court reiterated an important legal principle. Quoting from the ruling, 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 further noted that while the initial burden lies on the claimant to show that the deceased was a genuine passenger, this burden can be discharged by placing relevant facts on record. Once that is done, the responsibility shifts to the Railways to prove otherwise.
Justice Dhand also emphasized that when an untoward incident occurs within railway premises, there is a presumption against the railway authorities unless they produce clear evidence to show suicide or another excluded cause.
Importantly, the Court recorded that no material had been placed by the Railways to prove that the deceased committed suicide or was struck by another train. The finding of “run over,” according to the High Court, was not backed by sufficient evidence.
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The Decision
Holding that the Tribunal had erred in law, the High Court quashed the order dated August 10, 2018.
“The Tribunal has committed an error in rejecting the claim petition,” the Court stated while setting aside the decision.
The matter has been remitted back to the Railway Claims Tribunal, Jaipur Bench, to decide the case afresh on the basis of evidence led by both sides.
The parties have been directed to appear before the Tribunal on February 16, 2026. The Court also observed that since the incident dates back to 2013, the Tribunal should make efforts to dispose of the matter expeditiously.
With this, the appeal stands allowed, and the case will now be reconsidered by the Tribunal.
Case Title: Smt. Gulab Devi vs Union of India (North Western Railway)
Case No.: S.B. Civil Miscellaneous Appeal No. 5061/2018
Decision Date: 19 January 2026
