Railways told to pay compensation
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In a rare verdict, the Kerala High Court on Tuesday directed the Railways to issue a compensation of Rs 4 lakh with 12 per cent interest, to the relatives of Aneesh Kumar, who was brutally killed in 2008 by a mob of about 300, in a train in Bhubaneswar.
A division bench comprising Justice Thottathil B.Radhakrishnan and Justice K. Vinod Chandran also asked the Railways to consider giving a job to Aneesh’s 23-year-old unmarried sister. Aneesh was employed in the Gurkha Regiment of Assam.
“Giving consideration to the financial situation, the Railways should consider giving some support to the family of the deceased.
The court also asked the Railways to consider the proposal within three months. “If the Railways consider the decision within three months, the order for costs should be recalled and the interest would be slashed by six per cent.”
The court passed the order while considering an appeal filed by 73-year-old Achuthan Nair, Aneesh's father and mother Radhama and sister Anjana, against a tribunal order refusing to grant any compensation.
The tribunal refused to grant compensation stating that Aneesh, 26, died due to his own criminal act.
The bench of Justice Thottathil B. Radhakrishnan, however, observed: “We can never visualise a criminal act at the hands of Aneesh.
There is no ground to hold that his legal representatives are to be deprived of compensation by holding that Aneesh suffered injury due to his own act.”
Aneesh was killed in August 2008 after a mob of about 300 attacked him in the Howrah-Chennai Express, while he was on his way home.
When the train reached Bhubaneswar, some local passengers boarded it and they picked a quarrel with him over a seat.
Aneesh in retaliation, stabbed some of the passengers and the police took him to another compartment.
However, the injured passengers informed local residents about the incident and they attacked Aneesh when the train reached Khudra Road railway station. He succumbed to his injuries the same day.
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