The supreme court today said death or injury while boarding or de-boarding a train is an untoward incident which entitles a passenger to compensation and will not be considered his negligence.

It also said that mere presence of a body on the railway premises would not be conclusive to hold that the injured or deceased was a bona fide passenger for seeking compensation.

The apex court, however, clarified that the absence of ticket will not negate the compensation and the onus will be on claimant to prove his case by providing requisite documents.

A bench comprising justices Adarsh Kumar Goel and Rohinton F Nariman also cleared that the compensation will not fall under the proviso to Section 124A (suicide, self-inflicted injury) merely on the plea of negligence of the victim as a contributing factor.

The judgement came on an appeal filed by the Centre which had approached the apex court against Patna High Court order awarding a compensation of 4 lakh rupees to the wife of a person who fell down from a train due to rush of passengers and died on the spot on 20th August, 2002.