Mumbai: In a setback for Central Railway, the Bombay High Court has ordered a compensation of Rs 8 lakh to the family of a man who died after falling from a local train in Mumbai.
What’s The Case?
On March 22, 2011, Jagdish Durafe tragically died near Kanjurmarg after falling from a local train while traveling from Dadar to Mulund. His family later approached the railway administration seeking compensation. However, on March 31, 2016, the administration rejected the claim made by his wife, Jyoti Durafe, stating that Jagdish was not a valid ticket-holder and hence not eligible for compensation.
In response, Jyoti Durafe and her family filed a petition in the Bombay High Court challenging the decision.
What Did The Court Say?
The case was heard by a single bench of Justice Sharmila Deshmukh. The Railways had argued that the deceased was not an authorized passenger as he did not possess a valid local train ticket. However, the court rejected this argument, stating that it is the responsibility of the Railways—not the victim’s family—to prove the absence of a valid ticket.
Referring to a precedent set by the Supreme Court, the High Court emphasized that the burden of proof cannot be shifted to the family of the deceased. Based on this reasoning, the court directed the railway administration to pay Rs 8 lakh in compensation to the victim's family.
