Ram Bhakt Sharma vs. Union of India
Background
The appellant's son died from injuries found on a railway line, again including a fractured, separated skull, and the Tribunal had denied compensation on the theory that this showed he was run over, once more without any statement from the train crew or other direct evidence establishing exactly what happened.
Decision Breakdown
Deciding this case on the same day and on the same reasoning as a companion railway claim, the High Court held the Tribunal's conclusion was not supported by real evidence, set aside the dismissal, and remanded the matter for the Tribunal to assess and pay compensation.
Lesson Learnt
Railway tribunals cannot reject a bona fide passenger's claim on speculation about the manner of death without concrete evidence.