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Calcutta High Court Awards Compensation in 2015 Train Death
Sarful Sekh died after falling from a moving train in 2015.
His family asked for compensation from the Railways.
A tribunal first rejected the request, saying Sekh was responsible for the accident.
The Calcutta High Court reviewed the case.
The court noted that Sekh had a train ticket and that official reports confirmed he fell from the train.
It accepted the family’s account that heavy crowds forced him to get down while the train was moving.
The court ruled that this was an untoward incident rather than negligence by Sekh.
The Railways must pay Rs 4 lakh plus 6% yearly interest.
The Calcutta High Court awarded Sarful Sekh’s family Rs 4 lakh for his 2015 train death.
The compensation will carry 6% annual interest from the claim-filing date until the judgment date.
Justice Biswaroop Chowdhury overturned the Railway Claims Tribunal’s January 2020 refusal.
The court found the death was an untoward incident, not caused by Sekh’s negligence.
Sekh fell from a moving Lalgola local near Sargachi station after boarding at Sealdah.
- Who
- Sarful Sekh’s family, the Railways, the Railway Claims Tribunal, and the Calcutta High Court.
- What
- The High Court granted Rs 4 lakh in compensation with 6% annual interest after overturning the tribunal’s refusal.
- Where
- The incident occurred near Sargachi station after Sekh boarded at Sealdah, while he was travelling toward the Beldanga area of Murshidabad district.
- When
- Sekh died after falling from a train on July 8, 2015; the High Court issued its judgment on September 25, and the report was published on September 30.
- Why
- The court found that the death was an untoward incident rather than a result of Sekh’s negligence.
Family and High Court
Railways and Claims Tribunal
Cause of the death
Family and High Court
The family said heavy rush forced Sekh to get down hurriedly while the train was moving, and the High Court accepted the death as an untoward incident.
Railways and Claims Tribunal
The Railways argued that the incident resulted from Sekh’s own negligence, a position accepted by the Railway Claims Tribunal.
Evidence of train travel
Family and High Court
The family relied on a July 8, 2015 ticket found with Sekh, which the High Court said showed he had purchased a ticket for travel.
Railways and Claims Tribunal
The Railways had acknowledged that Sekh fell from the train but still refused compensation on the ground of negligence.
Key facts
- Compensation
- Rs 4 lakh
- Interest
- 6% per annum
- Victim
- Sarful Sekh
- Train
- Lalgola local
- Boarding station
- Sealdah
- Tribunal decision
- Compensation refused in January 2020
- Deposit authority
- Registrar general of the Calcutta High Court
Sources
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