The Supreme Court of India awarded Rs.8,00,000 to Doli Rani Saha for her brother’s death in a railway accident, setting important precedents under the Railways Act of 1989.
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NEW DELHI: The Supreme Court of India has awarded Rs.8,00,000 in compensation to Doli Rani Saha for the tragic death of her brother, Swapan Kumar Saha, in a railway accident. The judgment was delivered by a bench led by Chief Justice Dr. Dhananjaya Y. Chandrachud, alongside Justice J.B. Pardiwala and Justice Manoj Misra. This decision emphasizes significant legal precedents concerning the Railways Act of 1989 and compensation entitlements.
Background of the Case
On September 5, 2003, Swapan Kumar Saha was fatally injured after falling from the Kanchanjanga Express (Train No. 5658) at Dolma Gate. His untimely death was confirmed three days later when his body was found. In the wake of this heartbreaking incident, Swapan’s sister, Doli Rani Saha, pursued a compensation claim of Rs.4,00,000 under Section 16 of the Railway Claims Tribunal Act, 1987. Initially, her claim faced setbacks; the Railway Claims Tribunal dismissed the petition on March 17, 2009, asserting that Swapan was not a bona fide passenger as he lacked a valid train ticket. Subsequent appeals in the Gauhati High Court also failed to overturn this decision.
The central legal challenge revolved around the question of whether Swapan was a bona fide passenger at the time of his death, despite not having a train ticket. The lower courts deemed the absence of a ticket as critical, leading to the dismissal of the compensation claim. However, the Supreme Court undertook a thorough examination of the presented evidence.
The Supreme Court critically evaluated the previous findings. In its judgment, it highlighted that Doli Rani Saha had submitted an affidavit and a report from the Investigating Officer suggesting that Swapan was indeed traveling on the train and succumbed to injuries sustained from his fall. The Court emphasized that this shifted the burden of proof to the Railways.
Reflecting on a precedent, the Court observed:
“Mere absence of a ticket for the injured or deceased does not invalidate the claim of being a bona fide passenger. The initial burden is on the claimant, who can fulfill it by submitting an affidavit of relevant facts, after which the burden shifts to the Railways.”
This critical assessment led the Supreme Court to question the conclusions reached by the lower courts, citing the Investigating Officer’s report and post-mortem results which corroborated that the death resulted from a train fall.
Concluding its findings, the Supreme Court ruled that Doli Rani Saha was entitled to a compensation of Rs.8,00,000, adhering to the principles established in the Rina Devi case. The Court mandated the Union of India to ensure the compensation is paid by September 30, 2024, with a stipulation for accruing interest at six percent per annum should there be a delay in payment.
Additionally, the Court directed the District Legal Services Authority in Kokrajhar to aid in the seamless transfer of the compensation to the appellant, ensuring that all pertinent details like bank account information are thoroughly provided.