Absence of Death Certificate No Bar to Compensating Bona Fide Passengers Missing in Railway Accidents

On May 27, 2010, the appellant’s son, Sankar Halder, was traveling on the Jnaneswari Express

The train derailed on May 28, 2010, due to alleged negligence of railway staff, resulting in numerous casualties; the victim's body was never recovered and he was listed as "missing"

The Railway Authority paid an ex-gratia amount of Rs. 5,00,000/- to the father/appellant but contested the claim for statutory compensation on the ground that the victim's death was not proved by a death certificate or DNA report

The Railway Claims Tribunal dismissed the claim, holding that it lacked the power to presume death under the Evidence Act and directed the appellant to obtain a declaration of death from a civil court first

1. Whether the Railway Claims Tribunal is empowered to award compensation in cases where a bona-fide passenger is missing following a major train accident and no death certificate is available

2. Whether the strict provisions of Section 108 of the Evidence Act regarding the seven-year presumption of death apply to claims under the Railway Claims Tribunal Act

Sections 107 and 108 of the Indian Evidence Act, which deal with the burden of proving death and the seven-year presumption of death

Beneficial nature of the Railway Claims Tribunal Act, 1987, emphasizing that strict rules of evidence are relaxed in welfare legislations

Principle of liberal interpretation of "untoward incidents" and beneficial statutes as per Union of India v. Prabhakaran Vijaya Kumar (2008) 9 SCC 527 and Rajni v. Union of India (2025) SCC Online SC 2182

The Court reasoned that Section 108 of the Evidence Act is a general provision requiring a seven-year wait, which is incompatible with the immediate relief intended by railway accident compensation schemes

A railway accident, where many die and bodies are destroyed or lost, creates a distinct scenario from "missing in ordinary circumstances"

The Court found that since the Railway Authority had already conducted an inquiry and paid an ex-gratia amount of Rs. 5 lakhs, they were prima facie convinced of the victim's death

Because the victim’s name appeared on the reservation chart and he was listed as missing in the specific accident zone, the Tribunal erred in requiring a civil court declaration

The Tribunal has the power to award compensation based on the Railway’s own inquiry report and the surrounding circumstances of the accident rather than requiring strict proof under the Evidence Act

The Court ordered the respondent (Union of India) to deposit compensation of Rs. 4,00,000/- along with interest @ 6% per annum from the date of filing the claim within eight weeks, clarifying that this declaration of death is confined solely to the purpose of claiming railway compensation