The Supreme Court has restored an award of ₹8 lakh compensation to the parents of a man who suffered grievous injuries after falling from a train, holding that the mere absence of a railway ticket cannot by itself defeat a claim for compensation.
A Bench comprising Justice Ujjwal Bhuyan and Justice Atul S. Chandurkar allowed the appeal filed by Sukhabhai Nanjibhai Makwana and another against the Union of India.
The case concerned Maheshbhai, who was travelling in the general compartment of a train towards Surat on September 27, 2017. According to his parents, he lost his balance because of the heavy rush and fell from the train between Sabarmati and Ahmedabad Railway Stations.
He sustained multiple grievous injuries and remained hospitalised for more than a month before succumbing to his injuries on October 31, 2017. The Railway Claims Tribunal had awarded his parents ₹8 lakh compensation with 9% annual interest, but the Gujarat High Court subsequently reversed the award.
The Supreme Court noted that the victim's father had stated on oath that his son had purchased a railway ticket, which was subsequently lost. The Court also noted that railway officials who examined the victim had not searched his pockets for the ticket.
Referring to its earlier judgment in Union of India v. Rina Devi, the Court reiterated that the mere absence of a ticket with an injured or deceased passenger does not necessarily establish that the person was an unauthorised passenger.
According to the Court, the claimant initially has to discharge the burden by placing relevant facts on record, after which the burden shifts to the Railways to rebut the claim on the basis of the available evidence.
The Bench observed that the victim's father had specifically pleaded that the railway ticket, along with other belongings, had been lost. His statement that his son had purchased a ticket discharged the initial burden on the claimants.
The Court held that the Railways failed to rebut this evidence. It also took into account the fact that the victim had remained hospitalised for more than a month, observing that in such circumstances it was unlikely that the railway ticket would have been preserved.
The Supreme Court also took note of the seven-month delay in preparation of the investigation report concerning the untoward incident.
The incident occurred on September 27, 2017, while the investigation report was ultimately prepared on May 17, 2018. The Court noted that there was no explanation from the Railways for the delay and held that the Railways could not take advantage of its own delay.
Relying on the principle of strict liability under Section 124-A of the Railways Act, 1989, the Court held that the compensation claim was maintainable.
The Supreme Court set aside the Gujarat High Court's order dated July 15, 2025, and restored the Railway Claims Tribunal's award dated June 17, 2022.
The Railways have been directed to satisfy the award within 30 days. The appeal was accordingly allowed, with the parties directed to bear their own costs.
Case: Sukhabhai Nanjibhai Makwana & Anr. v. Union of India
Citation:- 2026 INSC 1056
Judgment Date: September 25, 2026
Bench: Justice Ujjwal Bhuyan and Justice Atul S. Chandurkar.
Representation:-
For Appellant(s): Mr. Nachiketa Joshi, Sr. Adv. Ms. Sucheta Joshi, Adv. Ms. Sagrika Arya, Adv. Mr. Satadru Majumder, Adv. Ms. Ruchil Raj, Adv. Mr. Mohd Umar Iqbal Khan, Adv. Mr. Kabir Singh, Adv. Mr. Prashant Rawat, AOR
For Respondent(s): Mr. Kanakamedala Ravindra Kumar, A.S.G. Mr. Devraj Bhattacharjee, Adv. Mr. Amit Sharma-v, Adv. Mr. Suyash Pandey, Adv. Mr. Dheeraj Jani, Adv. Mr. Amrish Kumar, AOR Dr. Arun Kumar Yadav, Adv.
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