Mumbai, April 4: In a significant ruling on commuter safety, the Bombay High Court has held that standing near the door of a Mumbai local train cannot be treated as negligence, given the realities of overcrowding, and termed a man’s death after falling from a moving train as an “untoward incident” entitling his family to compensation.

High Court overturns tribunal decision

Justice Jitendra Jain, on April 2, allowed an appeal filed by Ashrappa Yellappa Bhandari and Satyamma Ashrappa Bhandari, challenging the Railway Claims Tribunal’s 2019 decision that had denied them compensation for the death of their kin, Balkrishna Bhandari.

Bhandari, a salesman, died on January 29, 2012, while travelling from Kalyan to Dombivli. He fell from a moving train between Thakurli and Dombivli stations. His family’s claim was rejected by the Tribunal on the ground that the incident did not qualify as an “untoward incident” under the Railways Act, 1989.

Court notes inconsistencies in official reports

The High Court, however, found inconsistencies in official reports. While some reports suggested that Bhandari was standing at the edge of the platform and was knocked down by a train, others stated that he fell from a moving train. Noting that there was no eyewitness to the incident, the court said it could not rely conclusively on any one version.

“I fail to understand how these authorities gave contradictory reports, moreso, when there is no eyewitness to the incident,” Justice Jain observed.

Benefit of doubt must favour victim

The court held that in cases involving welfare legislation and conflicting evidence, the benefit of doubt must go to the victim. “This Court has no option but to accept that the deceased died by falling down from a moving train, which constitutes ‘untoward incident’,” the judge said.

Ground realities of Mumbai local trains highlighted

Significantly, the court underscored the ground realities of Mumbai’s suburban rail network. “In Mumbai local, seldom are the seats vacant… even at starting point, people have to jump to occupy seat. Therefore, standing near the door cannot be treated as negligence,” the order noted.

Even if the version that Bhandari was standing near the platform edge were accepted, the court said, the incident would still qualify for compensation.

Safety concerns and need for civic awareness

The court also flagged safety gaps at railway platforms, pointing out that the yellow safety line is often faded and lacks clear communication of its purpose.

It suggested regular repainting and even the use of red markings to indicate danger zones. Authorities should also ensure announcements and enforcement to keep passengers behind safety lines, it said.

Calling for behavioural change, the court remarked, “There is a need to inculcate civic sense amongst ourselves like civic sense amongst Japanese people.”

Compensation awarded to family

Allowing the appeal, the court directed the Railways to pay compensation of Rs 4 lakh with 6% annual interest from the date of the accident, subject to a cap of Rs 8 lakh, to be equally shared by the two claimants within 12 weeks.

Mumbai: Taking note of the intense summer heat, increasing pressure on water resources and complaints received from citizens regarding water supply, Mumbai Mayor Ritu Tawde held detailed discussions with senior officers of the Municipal Corporation Water Department. The Mayor has directed to implement more effective measures to ensure uninterrupted and smooth water supply to the people of Mumbai while properly managing the currently available water resources. Mayor Ritu Tawde mentioned that the demand for water is continuously increasing due to the growing population in Mumbai. In the backdrop of climate change, it has become imperative to manage water supply in a more sustainable and multifaceted manner, keeping in mind the uncertainty of rainfall. In addition, in the current situation, the intensity of summer has also started increasing. In this regard, the Mayor has expressed the need to focus on revitalizing traditional water sources, exploring alternative water sources and making extensive efforts for water conservation and protection through active participation of citizens. In this context, Mayor Ritu Tawde has directed to immediately collect updated information about all government and private wells and boreholes in Mumbai and check their working condition. During the water shortage due to low rainfall in 2009, the Municipal Corporation had repaired wells for public consumption and provided water to the citizens. On this basis, the performance of all wells should be checked at present and necessary steps should be taken to immediately make these wells functional on priority basis. Mayor Tawde has also directed that the extent to which clean drinking water can be used from these wells should be studied on the basis of tests and its use should be planned accordingly instead of limiting it to gardening or cleaning. Meanwhile, given the increasing demand for water in Mumbai, it is important for private housing societies to actively participate in this process and cooperate with the administration. Housing societies should regularly maintain, repair and clean the wells and well pipes in their area and install necessary systems for water purification. Also, it is important to ensure that groundwater is extracted as per the rules and within sustainable limits. Rainwater harvesting is a very important measure to avoid water shortages in the future, and all housing societies should implement such a system in their area. This will help maintain the groundwater level and this measure will prove effective for long-term water security, Mayor Tawde has appealed. In Ghatkopar, where I live, a system of recharging rainwater, a system of purifying well water and supplying it to all the flats, all these have already been implemented. Others should follow suit. Efforts to ensure water supply should be comprehensive. For this, coordinated participation of citizens, housing societies and the industrial sector along with the administration is necessary. Mayor Ritu Tawde has also made a humble appeal that everyone should make a joint effort to avoid water wastage, increase recycling and adopt water conservation habits.

Mumbai: Police has returned stolen equipment and mobile phones seized in various theft cases to their rightful owners. After recovering stolen equipment from police stations Nirmal Nagar, BKC, Vakola, Kherwadi, Vile Parle, Sahar under the jurisdiction of Zone 8, the police today returned mobile phones worth over Rs 84 lakh, stolen motorcycles and vehicles to their rightful owners. DCP Zone 8 Manish Kalwaniya said that the police keeps organizing such programs in which stolen goods are distributed and these goods are handed over to their original owners. He said that every four months, their goods are returned to the original owners. In this, most of the stolen mobile phones have been recovered. After the recovery of the stolen mobile phones, the happiness of the citizens and victims has doubled as they had given up hope and hope regarding their goods. 277 stolen mobile phones have also been returned today. These mobile phones were recovered after technical investigation, along with the vehicles and stolen goods were also returned.