In Brief
Swapan Kumar Saha fell from Kanchanjanga Express in 2003, resulting in death. The Railway Claims Tribunal and High Court rejected the sister's compensation claim, holding insufficient evidence that he was travelling as a passenger. The Supreme Court reversed, holding that once the claimant produces an affidavit with supporting investigation reports and post-mortem evidence of injuries consistent with a fall from the train, the burden shifts to Railways to rebut passenger status. Mere absence of a ticket does not negate the claim. Awarding Rs 8,00,000 compensation with 6% interest if unpaid by 30 September 2024.
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