Authority: High Court at Calcutta, Civil Appellate Jurisdiction (Appellate Side)

Order Date: August 19, 2026

Case Overview

  • Parties: Anamika Halder (Pal) & Ors. (appellants) vs Union of India (respondent).
  • Appeal: FMA‑1152/2025 challenging the Railway Claims Tribunal, Kolkata Bench judgment dated April 11, 2025 (Railway Claim Application No‑OA(IIu)/Kol/0093/2019).
  • Statutory Basis: Section 124A of the Railway Act, 1989 read with Section 16 of the Railway Claim Tribunal Act.
  • Facts of Incident: On 9 April 2019, Baptu (Bappa) Pal, travelling from Dasnagar to Andul, fell from a crowded local train between km 9/13 and 9/15 (up line) and died on the spot. A police FIR (UD case no. 24/2019) was lodged at Sonarpur GRPS.
  • Tribunal Findings (April 2025): Dismissed claim, holding that the appellants failed to prove the deceased was a bona‑fide passenger and that death resulted from a fall; consequently, no relief was granted.
  • Grounds of Appeal: Appellants submitted ticket purchase evidence (ticket bought at 17:47 on 9 April 2019), eye‑witness testimony (A.W. 2) placing the victim in the same coach, and police report indicating seizure of the ticket. Railway Authority argued inconsistencies in witness statements and lack of documentary proof.
  • Court’s Reasoning: The Court noted that in untoward‑incident claims it is often impossible for families to produce direct evidence of the fall; reliance on oral evidence and ticket purchase is permissible. Citing precedents (Dasari Laxmi vs Union of India, Raj Kumari vs Union of India, Gullipalli Lakshmikanthamma), the Court held that the burden of proving the victim was not a passenger lies on the railway. The witness statements, ticket purchase time, and police report collectively established that Baptu Pal was a bona‑fide passenger and that his death qualified as an untoward incident under Section 123(c) of the Railways Act.

Final Outcome

  • The appeal is allowed; the Railway Claims Tribunal order dated April 11 2025 is set aside.
  • The respondents (Union of India) are directed to pay compensation of Rs 8 lakh to the appellants, with interest at 6 % per annum calculated from the date of filing the claim case up to the date of this order.
  • The Union of India must deposit the amount, together with accrued interest, within eight weeks of the communication of this order, before the Registrar General of the Calcutta High Court.
  • The appellants may withdraw the compensation upon completion of necessary formalities.
  • An urgent photostat certified copy of the order will be made available to the parties upon compliance with requisite formalities.

Topics: Railway Compensation, Court Judgment