Train accident

I’m sorry to hear about your father’s tragic incident. Filing a case to determine the circumstances surrounding your father’s death is a significant step. Here’s a general overview of the procedure and considerations, especially since more than five years have passed:

1. Understanding the Time Gap

   • Since the incident occurred more than five years ago, it may be difficult to retrieve evidence, witnesses, and records. However, it is still possible to initiate an investigation depending on the available evidence and circumstances.

2. Check for Existing Records

   • Visit the local police station where the incident occurred to obtain the First Information Report (FIR) or Accident Information Report filed at the time.
   • Contact the Railway Protection Force (RPF) or the Government Railway Police (GRP) to check if any inquiry or inquest was conducted at the time.
   • Obtain records from the hospital or morgue where your father’s body was sent for post-mortem, if applicable.

3. Post-Mortem and Medical Reports

   • If a post-mortem was conducted, get a copy of the report. It may provide details about the cause of death, which can help determine whether it was an accident, foul play, or other circumstances.

4. Engage an Advocate

   • Hire an experienced lawyer who can guide you through the process. They will assess the legal options and help file the necessary petitions.

5. Filing a Petition in Court

   • File a writ petition or an application before the appropriate High Court or Magistrate's Court, seeking directions for an investigation into the circumstances of your father’s death.
   • Explain why the delay occurred (e.g., you were a minor at the time) and your genuine interest in seeking the truth.

6. Statute of Limitations

   • Normally, cases related to compensation or criminal negligence have a time limit. However, the court may consider your petition under special circumstances, especially if it involves suspicious circumstances or unresolved questions about your father’s death.

7. RTI Requests

   • File a Right to Information (RTI) application with the Railways to request any available details about the incident, including reports from railway authorities or investigators.

8. Additional Steps for Compensation (If Applicable)

   • If you believe the death occurred due to a railway accident or negligence, file a claim with the Railway Claims Tribunal (RCT). However, such claims have a limitation period (usually one year from the incident). You may need to file an appeal explaining the delay.

9. Consider the Evidence Available

   • Lack of evidence or witness testimony may weaken your case. However, if foul play is suspected, the court may order an investigation by the police or a special agency.

10. Emotional and Practical Considerations

    • Be prepared for delays and challenges due to the passage of time. Engage with your lawyer to evaluate the feasibility and strength of your case before proceeding.

If you can gather the initial documents (FIR, post-mortem report, or any railway records), it will be easier to take the next steps.

You collect the information about his death viz., FIR PMR, PIR, case details from police and then see what happened to the case.

If there are possibilities, you can file  a case for compensation against railways.

You can ask for the details of the accident (if possible, the date of the accident or death of your father) the Railway Police Force authorities, the Station Master,  and the Superintendent of Railway concerned using RTI.  After getting details, you can proceed with compensation etc.