A genuine railway ticket and body recovered near tracks establish an untoward incident despite train-description discrepancies.

The appellants—the widow, two daughters and mother of Tahl Chand—filed a claim under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 124-A of the Railways Act, 1989, seeking compensation for his death in an alleged railway accident.

Their case was that, on 07.08.2012, Tahl Chand was travelling towards Ambala Cantt and fell from a train between Harsana Kalan and Rathdhana due to heavy rush and a sudden jerk, sustaining fatal injuries.

A railway ticket for Ambala Cantt, the fard jamatalashi, police record and post-mortem material were relied upon.

The Railway Claims Tribunal dismissed the claim, principally relying upon evidence that no untoward incident had been reported from the Katihar Express, the train mentioned in the claim petition.

The Tribunal also rejected the appellants’ subsequent application to amend the claim petition by substituting Dadar Express for Katihar Express.

Whether the deceased was a bona fide railway passenger, having regard to the genuine railway ticket recovered from his person.

Whether the deceased’s death resulted from an “untoward incident” falling within Section 123(c)(2) of the Railways Act, 1989, notwithstanding the discrepancy regarding the particular train involved.

Whether the appellants were entitled to statutory compensation for the deceased’s death and, if so, in what amount and with what interest.

The Court applied Section 16 of the Railway Claims Tribunal Act, 1987 and Section 124-A of the Railways Act, 1989, under which compensation is payable for death caused by an untoward incident, subject to the statutory scheme.

Section 123(c)(2) of the Railways Act covers specified untoward incidents, including accidental falling of a passenger from a train.

The Court relied on Rajni and another v. Union of India and another, 2025 INSC 1201, for the principle that proceedings under Section 124-A are not criminal trials and claims are to be determined on the basis of the material on record and the preponderance-of-probabilities standard.

It further applied Union of India v. Rina Devi, (2019) 3 SCC 572, regarding determination of compensation where the statutory amount is enhanced during the pendency of proceedings.

The Court also recognised that strict rules of pleadings and evidence do not rigidly govern proceedings before the Railway Claims Tribunal.

The Court held that the Tribunal gave excessive weight to the evidence of the guard of the Katihar Express, which only established that no untoward incident involving that particular train had been reported during his duty; it did not disprove that the deceased had travelled on another train covered by the genuine ticket.

The railway ticket recovered from the deceased was verified and found authentic, while the fard jamatalashi established its recovery from his person.

The death report recorded recovery of the body near the railway line, and the medical and police material supported death from injuries caused by a fall from a moving train.

Applying the preponderance-of-probabilities standard, the Court concluded that the discrepancy concerning the train’s identity did not neutralise the cumulative effect of the documentary, police and medical evidence.

Rejection of the amendment application likewise did not make that evidence irrelevant.

The Court held the appellants entitled to compensation of Rs. 4,00,000 with interest at 9% per annum from the date of filing of the claim petition until realization, or Rs. 8,00,000, whichever is higher, in accordance with the principle in Rina Devi.

The respondent was directed to deposit the amount with the Railway Claims Tribunal within four weeks of receiving the certified copy of the judgment.

In default, the amount would carry interest at 12% per annum from expiry of that period until payment, and the Tribunal was directed to disburse the amount among the appellants according to their entitlement through their bank accounts within one month.