SC directs Railways to compensate deaths while boarding or de-boarding trains

NewsBharati    10-May-2018
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New Delhi, May 10: Pertaining to the safety and security of the commuters in train, the railway has undoubtedly jotted down several measures. Citing the need for commuters, the Supreme Court has ruled out that the railways will be liable to pay compensation to passengers in case of death or injury while boarding or de-boarding train.

 

Further the Supreme Court also said that the railways cannot deny such claims citing negligence on the part of passengers. A bench comprising justices Adarsh Kumar Goel and Rohinton F Nariman said, “We hold that death or injury in the course of boarding or de-boarding a train will be an ‘untoward incident’ entitling a victim to the compensation and will not fall under the provison to Section 124A (suicide, self-inflicted injury) merely on the plea of negligence of the victim as a contributing factor.”

The concept of ‘self-inflicted injury’ would require an intention to inflict such injury and not mere negligence of any particular degree.

The points cited by Supreme Court:

· The apex court stated that the death or injury of the passengers while boarding or de-boarding will be given compensation as it is an untoward incident. The passenger is entitled for compensation and will not be considered as negligence.

· Mere presence of a body on the Railway premises will not be conclusive to hold that injured or deceased was a bona fide passenger for which claim for compensation could be maintained. However, mere absence of ticket with such injured or deceased will not negative the claim that he was a bona fide passenger.

· The compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases.

· Interest can be awarded from the date of accident the date of accident itself when the liability of the Railways arises up to the date of payment, without any difference in the stages.

Background:

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 Rs 4 lakh to the wife of a person who fell down from a train due to rush of passengers and died on the spot on August 20, 2002.

The high court had set aside the railway tribunal’s order by taking into consideration the statement of an eye witness who had filed an affidavit stating that the deceased had purchased the ticket and had boarded the train.

The tribunal had dismissed the claim on the ground that it was not a case of “untoward incident” but a case of “run over” and that the deceased was not a bona fide passenger.

The woman had claimed that the deceased had purchased a ticket of second class for for a journey from Karauta to Khusrupur and he fell down from the train due to rush of passengers and died on the spot. She had also contended that the ticket was not recovered from the possession of the deceased as it might have been lost somewhere.