The Bombay High Court has ordered Western Railways to pay compensation of Rs 8 lakh to the parents of a youth who lost his life after falling from a local train. The court has given this order after hearing the appeal of Arun Dhotre, who lost his son in a railway accident 13 years ago. Dhotre’s son was traveling with friends by train between Bhayander and Vasai on January 26, 2010. As soon as the train reached between Naigaon and Vasai station, due to the heavy crowd in the compartment, their 20-year-old son fell down, due to which he died. Now the court has asked the General Manager of Western Railway to deposit the compensation amount in the Motor Accident Claim Tribunal within 6 weeks. From where this amount will be released to the youth’s father Arun Dhotre.
After the death of his son, Dhotre had filed a claim for compensation with the Railway Claims Tribunal (Mumbai Bench). The tribunal had rejected Dhotre’s application on April 21, 2014. The tribunal had said that Dhotre had failed to prove that his son’s death was accidental. Also that he was dependent on his son. Dissatisfied with the order of the tribunal, Dhotre had appealed in the High Court.
During the hearing of this case before the verdict, the court raised questions about the everyday struggle of the passengers during the journey. The court asked, can a passenger be called careless merely because he stands on the footboard of a packed train? The reality is that during peak hours people risk their lives to catch trains to go to office, home and college. The court made this comment on the argument of the Railways lawyer, under which he had claimed that the death of Dhotre’s son Alpesh was due to negligence, which does not fall within the definition of accident under the section of the Railways Act.
January 26 was Republic Day. So there was no crowd in the local train. In such a situation, there is no question of boarding a crowded local train. Therefore, it cannot be said that the youth died as a result of the crowd. But the court said that Alpesh died in a railway accident, which comes under the scope of untoward incident under the provisions of Section 123 of the Railway Act. Therefore, the appellant is entitled for compensation.