Overview
- The single-judge bench of Justice Jitendra S. Jain dismissed the Union government’s appeal against a 2009 Railway Claims Tribunal award.
- The court held that commuters forced to stand near train doors during peak-hour crush cannot be deemed negligent in such accidents.
- Justice Jain noted that Virar–Churchgate locals remain heavily crowded, especially at Bhayandar, and no law excludes such falls from the definition of an ‘untoward incident’.
- The deceased was found to be a bona fide passenger based on a valid local pass and identity card produced by his wife, despite no ticket being found after the fall.
- The registry was directed to allow the kin to withdraw the amount deposited in court with accrued interest and transfer it to their accounts.