The Supreme Court has said the absence of recovery of a train ticket from a deceased passenger cannot result in defeating the compensation claim, as it restored the payout awarded to the parents of a man who died after falling from a moving train in Gujarat in 2017.
A bench of Justices Ujjal Bhuyan and AS Chandurkar set aside the order of the Gujarat High Court rejecting the compensation awarded to the parents of Maheshbhai, who died falling off the general compartment following a sudden jerk and jolt while travelling to Surat via Ahmedabad on September 27, 2017.
The bench on Friday said, “The high court gave undue importance to the absence of the railway ticket without taking into consideration the statement made on oath by the victim’s father and the fact that the victim had been hospitalised for a period of more than one month. On the preponderance of probabilities, it can be concluded that the victim was a bona fide passenger and that absence of recovery of his ticket cannot …
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