Daijiworld Media Network – Bengaluru

Bengaluru, May 20: The Karnataka High Court has ruled that absence of a journey ticket on the deceased’s body cannot be a ground to reject compensation in a railway accident, awarding a compensation of Rs 4 lac with 8% interest per annum to the family of a deceased passenger from Vijayapura district.

Justice Hanchate Sanjeevkumar, while allowing the appeal filed by Fhajalanabi and others, set aside the April 13, 2017 order of the Railway Claims Tribunal, Bengaluru Bench, which had denied compensation citing the absence of a ticket on the deceased.

The case pertains to Aminasab Mulla, who died on April 6, 2015, after he accidentally fell from a moving train while traveling from Vijayapura to Limbala. According to the petitioners his wife and children Aminasab had purchased a valid ticket at Vijayapura Railway Station. However, the ticket was not found on his body after the accident, leading the Tribunal to reject the claim.

The High Court observed that the ticket could have been lost during the process of shifting the body for post-mortem and said, "Quite naturally, the claimants have not accompanied the deceased. Therefore, they could not produce the journey ticket."

It further clarified that since it is proved a body was recovered from a railway accident, the claimants are entitled to compensation. The court added that if the total compensation including interest is less than Rs 8 lac, the claimants are still entitled to a minimum of Rs 8 lac.

This judgment comes as a major relief to the bereaved family and sets a precedent that the absence of a travel ticket alone cannot be held against railway accident victims or their dependents.