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Kamukayi & Ors. vs Union of India

Civil Appeal · 2023 INSC 541Decided 16 May 2023
Civil Appeal No. 3799 of 2023
Surya Kant · J.K. Maheshwari

Background

The deceased, Muchamy @ Muthusamy, was travelling by train from Lalapettai to Karur for medical treatment after his son bought him a ticket. He fell from the train at Mahadanapuram Railway Station and died on the spot from decapitation and other injuries. His widow and children sought compensation from the Railway Claims Tribunal, but both the Tribunal and the Madras High Court rejected the claim, holding that the family had failed to prove he was a bona fide ticketed passenger or that his death was an "untoward incident" under the Railways Act.

Decision Breakdown

The Supreme Court held that the FIR, inquest report, post-mortem report, the Railway's own statutory investigation report (accepted by the Divisional Railway Manager), and the son's testimony all consistently established that the deceased had a valid ticket and died after falling from a running train: an "untoward incident" under Section 123(c) of the Railways Act. Relying on its earlier ruling in Union of India v. Rina Devi, the Court reiterated that once a claimant makes out an initial case of being a bona fide passenger, the burden shifts to the Railways to disprove it, which the Railways failed to do here merely by pointing to the absence of a ticket on the body. The Court found the concurrent findings of the Tribunal and High Court "perverse" for ignoring this material, set them aside, and allowed the appeal, awarding compensation of Rs. 4,00,000 with 7% interest from the date of filing (or Rs. 8,00,000 if that figure with interest works out lower, per the amended compensation Rules).

Lesson Learnt

In railway accident compensation cases, the absence of a ticket on a deceased's body is not conclusive proof that they were travelling without one. Once the family produces credible evidence (FIR, inquest report, witness testimony) suggesting bona fide travel, the burden shifts to the Railways to prove otherwise.

Official source (sci.gov.in)View Judgment (PDF)

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