Summary: The Bombay High Court overturned a Railway Claims Tribunal decision, granting compensation to the Gondake family after a tragic train accident.
The case started when the Railway Claims Tribunal in Mumbai turned down a compensation claim by the Gondake family. The Tribunal thought that Mr. Vijay Gondake, who passed away, was not a genuine passenger because no ticket was found on him after the accident. They also decided he was hit while crossing the tracks illegally.
The family, led by Smt. Jaishree Vijay Gondake, challenged this decision. They argued that Mr. Gondake had a monthly pass, as shown in written statements and evidence. The Tribunal's decision based on the missing ticket was questioned, especially since Mr. Gondake was a government worker, making it unlikely he would travel without a ticket.
"The phrases 'monthly pass' and 'ticket' are used interchangeably in Mumbai," noted Justice Jitendra Jain.
On October 29, 2012, Mr. Gondake was traveling from Grant Road to Shahad. An incident happened between Kanjurmarg and Bhandup stations. He was first treated at Rajawadi Hospital but passed away from his injuries on November 4, 2012. The family asked for Rs. 4,00,000 in compensation with interest.
Justice Jain found the Tribunal's decision flawed. The absence of a ticket alone could not disprove Mr. Gondake's status as a genuine passenger. The court referred to the Supreme Court's decision in "Union of India vs. Rina Devi," which supported this view.
The Tribunal claimed Mr. Gondake was hit while crossing the tracks illegally. However, the High Court questioned the lack of eyewitnesses and the Station Master’s report, which seemed like a guess.
"If a person is hit by a moving train, it is not only the duty of the train driver, but his obligation to inform the Station Master," Justice Jain emphasized.
Justice Jain canceled the Tribunal's order, granting the Gondake family Rs. 4 lakhs with 6% interest. The total compensation, capped at Rs. 8 lakhs, will be divided among the four family members.
The court's decision provides relief to the Gondake family, ensuring they receive due compensation for their tragic loss.
