Ranchi: Jharkhand high court has directed Indian Railways to pay Rs 8 lakh in compensation to the family of a man who died after falling from an overcrowded train, despite no ticket being found on his body.Justice Sanjay Kumar Dwivedi passed the order on Tuesday while hearing an appeal filed by Baijanti Gope against a Railway Claims Tribunal order dated Sept 12, 2023. The tribunal had rejected her claim after observing that no railway ticket was recovered from the body of her husband, Banmali Gope.Setting aside the tribunal’s order, the court said railways should not adopt a “hyper-technical” approach while deciding compensation claims.The court observed that millions of people depend on trains because they cannot afford air travel or private vehicles. Giving a narrow interpretation to the Railway Act would deprive many victims, particularly the poor and underprivileged, of compensation, it said.Banmali was travelling on the Tata-Barbil passenger from Jhinkpani to Kendposi in West Singhbhum on Sept 1, 2017. The train was overcrowded and he was standing near the door when he was pushed out during jostling among passengers.The court said his body was cut up in the accident and, in such circumstances, the absence of a ticket could not be a reason to deny compensation. It noted that witnesses had been examined and there was no evidence that Banmali had died by suicide, while committing a criminal act or from natural causes.The court held that Banmali was a bona fide passenger and died in an “untoward incident” caused by an accidental fall from the train.
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