16 years after husband fell off the train, Calcutta high court gives widow Rs 4 lakh compensation

KOLKATA: After nearly 16 years of a painter's death by accidentally falling off the train between Krishnanagar City and Badkulla station, Calcutta High Court on May 22 granted a compensation of Rs 4 lakh and interest of six per cent per annum to his widow, setting aside the Railway Claim Tribunal order.

Justice Biswaroop Chowdhury held that no enquiry was conducted by the Railway. The judge held: “As Railway Authority is State under Article 12 of the Constitution it is incumbent upon the Authority to collect the evidence with regard to discovery of dead body from Railway Track so that genuine compensation cases are honoured and frivolous cases are dismissed. Although the Railway Authority conducts enquiry and submits reports, in the instant case no enquiry was conducted.”

The case is on July 25, 2010. Amrit Pramanik was on his way to Sealdah to pour ‘Ganga’ water on Shiv’s head. According to the cops’ inquest report, Amrit was sitting near the compartment door. His widow stated that the compartment of Lalgola-Sealdah Passenger train was crowded.

It was stated by both the family member and cops that he fell down from the train and died. The widow claimed that there was a jerk and he fell down. Since his death took place due to an accidental fall from the train, she claimed that they should get compensation under section 124A of the Railways Act 1989.

But the application for the same was rejected, she then moved to the Railway Claims Tribunal which rejected the plea on February 8, 2017, stating there was no “cogent evidence” that his death was due to the fall.

“In the case of Railway Untoward incident when family members or friends of the victim do not travel with the victim there is no scope for the victims family to examine eye witness thus police Report has to be relied In the event police report inspires confidence the same should be accepted, to award compensation,” the single judge held.

The HC took into account the report by cops and medical report which clearly stated that the death was due to shock and haemorrhage resulting from antemortem injuries and seemed to be accidental in nature.