Sanjeev Kumar was travelling with his father, Shyam Singh, from Etawah to Agra Cantt on a second-class ticket in 2015. Before the train reached Agra, it suddenly jerked violently. Sanjeev Kumar, who was sitting on the upper berth, fell down suddenly and became unconscious at the spot.
After the incident, he was examined by a doctor appointed by the railway, who declared him dead. His post-mortem was subsequently conducted.
The family of Sanjeev Kumar described the incident as an accident inside the train and sought compensation from the Railway Claims Tribunal. However, the tribunal dismissed the case in September 2022.
The post-mortem report relied upon by the railway stated that the cause of Sanjeev Kumar’s death was a heart attack. On that basis, the tribunal did not treat the incident as an accident and rejected the family’s claim for compensation.
Following the rejection, members of the deceased passenger’s family approached the Delhi High Court. During the hearing, Justice Manoj Kumar Arohi observed that the medical reports and evidence did not establish that Sanjeev Kumar had any pre-existing heart-related illness.
The court said that the railway cannot escape its responsibility by citing a medical cause in the post-mortem report. The High Court ordered the tribunal’s decision to be set aside and directed the Railway Claims Tribunal to determine the compensation payable to the family.
The court also directed all concerned authorities to release the compensation within two months of receiving a copy of the order. The ruling has therefore overturned the earlier rejection of the compensation claim and placed the matter back before the tribunal for determination of the amount payable to Sanjeev Kumar’s family.
About The Author
Comment List