Supreme Court Finally Secures Railway Compensation for Widow After 23-Year Legal Battle

The Supreme Court directed the Railways to pay the widow within two months. (Representative)

New Delhi:

In a remarkable display of judicial perseverance, the Supreme Court ensured justice for a widow who lost her husband in a 2002 train accident, facilitating her compensation from Railways after a 23-year struggle.

Saynokta Devi's husband Vijay Singh possessed a valid railway ticket from Bakhtiyarpur station to Patna on the Bhagalpur-Danapur Inter-city Express on March 21, 2002. Tragically, he accidentally fell from the crowded train at the originating station itself, resulting in his immediate death.

The incident initiated a two-decade legal battle as Devi's compensation claim was rejected by both the Railway Claims Tribunal and the Patna High Court, which incorrectly asserted that the deceased was of unsound mind.

Dissatisfied with the high court's decision, Devi approached the Supreme Court through her attorney Fauzia Shakil.

In 2023, the Supreme Court dismissed the reasoning provided by the Railway Claims Tribunal and Patna High Court, overturning their decisions as "completely absurd," "imaginary," and "contrary to the undisputed facts on record."

"What emerges is the fact that the appellant's claim was not accepted by both the Tribunal and the High Court solely on the ground that the deceased was of unsound mind and he was knocked down by an unidentified train," the top court noted in its February 2, 2023 order.

A bench led by Justice Surya Kant observed that if the deceased had truly been of unsound mind, it would have been virtually impossible for him to purchase a valid railway ticket and attempt to board the train independently.

The Supreme Court instructed the Railways to provide the widow with Rs 4 lakh compensation plus six percent annual interest from the date of her claim petition filing within two months.

Unfortunately, Devi's local counsel passed away before informing her of the favorable ruling. Meanwhile, the Railways attempted to comply with the order by sending various letters to Devi but received no response due to incorrect address information.

Unable to disburse the compensation, the Railways approached the Supreme Court, explaining their inability to fulfill the February 2, 2023 order.

A bench comprising Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh noted that the woman had relocated from her previous residence since the accident occurred.

To locate Devi, the court instructed the Principal Chief Commercial Manager of Eastern Railway at Kolkata to publish a public notice in two leading newspapers (English and Hindi) with wide circulation in her region, detailing the Supreme Court's acceptance of her claim and instructions for receiving compensation.

The court also directed the Senior Superintendent of Police of Nalanda and the Bakhtiyarpur police station SHO to physically verify the woman's whereabouts and inform her about her entitlement if located, with a compliance report due within four weeks.

Additionally, the Supreme Court enlisted the Bihar State Legal Services Authority's help, instructing the district legal service authority secretary to personally visit her last known residence, investigate her whereabouts, verify her current status, and submit a report within four weeks.

Earlier this month, Additional Solicitor General Brijender Chahar informed the Supreme Court that after extensive efforts by Railways and local police, they discovered that the woman's village name had been incorrectly recorded, preventing her from receiving communications.

He reported that police eventually identified the correct village and successfully located the woman and her family.

The bench instructed Railways authorities to provide the compensation to the woman with local police assistance and directed the local SHO to accompany Railway officials to ensure the amount was deposited into her bank account.

"The Sarpanch and other elected members of the Gram Panchayat will identify the appellant (woman) and for this purpose, the Railways' authorities may also obtain copies of some official documents that may be required to be placed on record. Thereafter, a compliance report be submitted to this court," the bench stated, scheduling the next hearing for November 24.