Nagpur: In a significant judgment, the Nagpur Bench of the Bombay High Court has observed that falling while attempting to board a moving train may amount to negligence, but it cannot be considered a criminal act in the absence of criminal intent or mens rea (guilty mind).
Justice M. W. Chandwani delivered the ruling while hearing First Appeal No. 228 of 2025, filed by Jashoda Kanwar, wife of deceased Dalpat Singh, along with their four minor children. The family had challenged the order of the Railway Claims Tribunal, which had earlier rejected their compensation plea related to Singh’s death in a 2017 railway accident at Gondia Railway Station.
The Tribunal had denied compensation on the grounds that Singh was attempting to board a moving train, terming it a criminally negligent act, and claimed that no valid train ticket was found at the scene.
However, upon review, the High Court found that a valid ticket had been issued to the deceased, which was part of the official record. Referring to Supreme Court precedents, Justice Chandwani clarified that such incidents are covered under “untoward incidents” as defined in the Railways Act, making the victims’ families eligible for compensation.
“The act of the deceased while boarding the moving train may be an act of negligence, but it cannot be said to be a criminal act, which requires intention or mens rea,” the court stated.
Setting aside the Tribunal’s order, the High Court directed the South East Central Railway to pay ₹8 lakh in compensation to the family, along with 6% annual interest from the date of filing the claim.
The judgment reinforces that accidental deaths during train travel, even when caused by negligence, do not disqualify families from receiving statutory compensation under the Railways Act.
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