The Bombay High Court has ruled that a railway employee holding a valid privilege pass cannot be denied the status of a bona fide passenger solely because travel details were not endorsed on the pass. The Court held that technical lapses, without evidence of misuse or unauthorised travel, are insufficient grounds to reject compensation claims under the Railways Act, 1989.
The ruling came in a first appeal filed by the widow of a railway employee who died in an accidental fall from a train. She had challenged a 2011 order of the Railway Claims Tribunal, which dismissed her claim on the ground that the deceased was not a bona fide passenger. The Railways had not disputed that the incident qualified as an “untoward incident” under the law.
The only issue before the Court was whether the deceased employee was lawfully travelling at the time of the accident. Records showed that he was holding a second-class free or privilege pass issued under the Railway Servants (Pass) Rules, 1986. The pass was valid on the date of travel, but certain journey particulars had not been filled in or endorsed.
The High Court examined the applicable rules and observed that a privilege pass authorises free travel. Endorsement by ticket authorities is required only when a reservation is sought. In the absence of any evidence that the employee was travelling in a reserved compartment or had exceeded his permitted travel entitlement, the lack of endorsement could not invalidate the pass.
At the same time, the Court held that full compensation could not be granted. It noted that the deceased had failed to complete mandatory journey details, a requirement intended to ensure accountability.
Relying on earlier precedent, the Court restricted the compensation amount.
The Tribunal’s order was set aside. The Court declared the deceased a bona fide passenger and awarded compensation of Rs 3 lakh with interest at six per cent per annum from the date of the accident, subject to statutory limits. Directions were also issued for adding the children as legal heirs and for disbursing the compensation to the dependents.
