HC orders WR to pay 4L compensation

What happened:	A woman who was denied compensation for her son's death on the railway tracks won relief in the Bombay high court.
What rules says:	Under the India Railways Act, the railway administration is liable to pay compensation to passengers in the event of injury or death due to an untoward incident. Less serious injuries like minor frature - Rs. 32,000/- Loss to fingers - Rs. 80,000/- to Rs. 1.2 lakh Death or loss of hands, legs, sight - Rs. 4 lakh Court says compensation must be paid for a passenger's death even if railways is not at fault.
Read entire Story:	A Bhayander woman who was denied compensation for her son's death on the railway tracks won relief in the Bombay high court. The railway tribunal had rejected Nirmala Soni's plea for compensation on the ground that there was no witness who had seen her son Kiran Soni (38) fall from the train and die. Justice K K Tated set aside the railway tribunal's reasoning and ordered the Western railways to shell out Rs 4 lakh in compensation along with six per cent interest to the grieving mother. The judge pointed to the reports as well as the fact that a valid ticket had been found with Kiran's possessions. "Bare reading of panchanama, police report and witnesses show that there was no dispute that one unknown male person aged about 35 years later identified as Nirmala's son was lying on the railway track. This itself shows that he died on account of accidental fall from the running train. Considering this fact, it is very difficult to uphold the reasons given by the Railway Tribunal that there was no eye witness in the case to prove that the deceased actually fell down from the train or even that he had boarded any train,'' said Justice Tated, adding, "If a person wants to travel, only then would he purchase a ticket.'' Kiran's body was found on the railway tracks on January 2, 2006 between Mira Road and Bhayander stations. A ticket found on his body revealed that he was travelling from Bhayander to Kandivli. The police report said that Kiran had fallen from the train and had died on the spot. The post mortem report said that the death was caused due to severe respiratory failure on account of hemorrhagic shock from multiple fractures. His mother moved the Railway Accidents Claims tribunal seeking compensation, which was dismissed saying she had failed to show that her son died because of a railway accident. Nirmala's lawyers pointed out that the valid ticket which was found on Kiran proved that he was a bonafide passenger. The lawyers also pointed to the police reports and other documents that were drawn up after the death which showed that Kiran's body was found on the railway tracks.
Source:	http://timesofindia.indiatimes.com/city/mumbai/HC-orders-WR-to-pay-4L-to-victims-mom/articleshow/46223449.cms