Railways Must Pay Compensation If Person Falls Off Crowded Train: HC
Mumbai: The Bombay High Court said that Railways will have to pay compensation to people who suffer injuries after falling while attempting to board an overcrowded train.
A single bench of Justice Bharati Dangre directed Western Railway to pay Rs 3 lakh to a 75-year-old man who suffered a leg injury after falling from a crowded local train.
A copy of the order dated April 12 was made available on Tuesday.
Western Railway argued that the matter does not fall under the provisions of section 124(a) of the Railways Act, which states that compensation has to be paid in cases of untoward incidents. It claimed that petitioner Nitin Hundiwala had tried to board the moving train.
Justice Dangre, however, refused to accept the Railways’ argument and observed that the present case clearly falls under the condition of an “adverse event” as per section 124(a) of the Act.
“If in day-to-day operation, a passenger tries to enter an overcrowded train and is pushed by other passengers, as a result of which he falls, there is no reason why such an incident should not be an untoward incident.”
The court said local trains in Mumbai are often referred to as the ‘lifeline of the city’, with a large number of city residents depending on them for work and travel to other destinations.
“Nevertheless, it is not unknown, for residents of Mumbai who travel via railways, to take risks at some point in order to reach their destinations on time. This city, which is affordable and convenient, this calculated risk certainly cannot be a criminal act,” Justice Dangre said.
The order further stated that the object of section 124(a) of the Railways Act was to provide prompt treatment to any injured passenger involved in any untoward incident or to the dependents of a deceased passenger.
Justice Dangre observed that this provision of the Act cannot be extended to deny compensation to a person who may at times act harsh or indiscreet.
Hundiwala claimed that he has faced accidents so far and finds it difficult to walk and lift heavy objects.
His claim was rejected by the Railway Tribunal after Western Railway accepted the contention that Hundiwala had tried to board a moving train, which was an unfair and criminal act on his part and hence, an unpleasant incident. considered as. cannot be said.
(With PTI Inputs)
Follow us on Twitter, and Instagram, and like us on Facebook for the latest updates and interesting stories.
