Supreme Court: missing ticket cannot defeat railway compensation claim

The Supreme Court determined whether the mere lack of a ticket could defeat a claim for compensation under the Railways Act, 1989.

Who it concerns: Petitioners: Sukhabhai Nanjibhai Makwana and another (parents of the deceased); Respondent: Union of India; Bench: Justice Atul S. Chandurkar.

What the court decided

• The Supreme Court held that the High Court committed an error in setting aside the Railway Claims Tribunal's award.
• The Court restored the Tribunal's award granting compensation of ₹8 lakhs along with interest at 9% per annum.
• The Court ruled that the mere absence of a railway ticket does not negate the claim that the victim was a bona fide passenger.
• The Court found that the initial burden was discharged by the claimants through an affidavit and sworn statement, shifting the burden to the Railways, which failed to rebut the claim.
• The Court applied the principle of 'strict liability' under Section 124-A of the Railways Act, 1989.

Also in the document

• The Court noted that the victim was hospitalized for over a month, making it unlikely the ticket was preserved, and the Railways' witnesses admitted they did not search the victim's pockets for a ticket.
• The Court observed that the Railways' investigation report was submitted more than seven months after the incident, contrary to the requirement for expeditious submission under the 2003 Rules.
• The judgment is a final decision on the Civil Appeal, reversing the High Court's order dated 15.07.2025.